Legal Opinion

Shemeek D. v. Teresa B.

Appellate Division of the Supreme Court of the State of New York

Decided November 22, 2011PublishedCited by 5 opinions

1Opinion of the Court

Respondent mother argues that the court did not conduct a full evidentiary hearing on the custody petition because she did not testify in that proceeding. However, the record reflects that respondent’s counsel consented to rest on the record after petitioner testified and the court conducted an in camera interview with the child. Thus, respondent failed to preserve her objection (see Matter of Jayden C. [Michelle R.], 82 AD3d 674, 675 [2011]).

In any event, if the court erred in failing to permit respondent to present additional evidence, the error was harmless. Respondent conceded that she…

2Cases cited3 opinions

  1. Bennett v. JeffreysNew York Court of Appeals · 1976
  2. In re Jayden C.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Iris R. v. Jose R.Appellate Division of the Supreme Court of the State of New York · 2010

3Cited by5 opinions

  1. Matter of Culberson v. FisherAppellate Division of the Supreme Court of the State of New York · 2015
  2. Shoshanah B. v. Lela G.Appellate Division of the Supreme Court of the State of New York · 2016
  3. Colon v. DelgadoAppellate Division of the Supreme Court of the State of New York · 2013
  4. Colon v. DelgadoAppellate Division of the Supreme Court of the State of New York · 2013
  5. In re Jessica W.Appellate Division of the Supreme Court of the State of New York · 2012

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