Legal Opinion

Sherman v. Cook

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

Decided December 8, 2011PublishedCited by 3 opinions

1Opinion of the CourtMcCarthy, J.

*1171Supreme Court had discretion as to what sanction to impose, if any, for the mother’s two willful violations, and we give deference to its determination in that regard (see Matter of Glenn v Glenn, 262 AD2d 885, 886 [1999], lv dismissed and denied 94 NY2d 782 [1999]; Matter of Wright v Wright, 205 AD2d 889, 892 [1994]). Based upon the court’s ability to observe the witnesses and assess their demeanor, as well as the court’s history with this family, we cannot say that the court abused its discretion in declining to impose any punishment here (compare Matter of Terry v Borggreen, 6 AD3d 1001,…

2Cases cited6 opinions

  1. Cobane v. CobaneAppellate Division of the Supreme Court of the State of New York · 2008
  2. Glenn v. GlennAppellate Division of the Supreme Court of the State of New York · 1999
  3. Rebecca O. v. Todd P.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Wright v. WrightAppellate Division of the Supreme Court of the State of New York · 1994
  5. Dwyer v. TorreAppellate Division of the Supreme Court of the State of New York · 2001

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3Cited by3 opinions

  1. Yeager v. YeagerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Matter of Woodson v. WoodsonAppellate Division of the Supreme Court of the State of New York · 2018
  3. Yeager v. YeagerAppellate Division of the Supreme Court of the State of New York · 2013

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