Cases

Appeal from an order of the Supreme Court, Westchester County (Colangelo, J.), dated January 15, 2013. The order, insofar as appealed from, denied those branches of the defendant’s cross motion which were to modify the child support provisions of the parties’ separation agreement so as to require the plaintiff to pay him child support pursuant to the Child Support Standards Act, and for leave to enter a money judg

Motion by the Women’s Bar Association of the State of New York for leave to file a brief amicus curiae on the motion for leave to appeal herein granted and the brief is accepted as filed.

In related child custody proceedings pursuant to Family Court Act article 6, the mother appeals from so much of an order of the Family Court, Westchester County (Greenwald, J.), entered November 28, 2011, as, without a hearing, in effect, granted the father’s petition to modify the custody provisions of a stipulation of settlement which was incorporated but not merged into a judgment of divorce of the Supreme Court, Westchester County, entered December 21

In related child custody proceedings pursuant to Family Court Act article 6, the mother appeals from so much of an order of the Family Court, Westchester County (Greenwald, J.), entered November 28, 2011, as, without a hearing, in effect, granted the father’s petition to modify the custody provisions of a stipulation of settlement which was incorporated but not merged into a judgment of divorce of the Supreme Court, Westchester County, entered December 21

*770An award of custody must be based upon the best interests of the child, and neither parent has a prima facie right to custody of the child (see Matter of Zaratzian v Abadir, 105 AD3d 1054 [2013]; Matter of Peek v Peek, 79 AD3d 753, 753-754 [2010]). “Since the court has an obligation to make an objective and independent evaluation of the circumstances, a custody determination s

*770An award of custody must be based upon the best interests of the child, and neither parent has a prima facie right to custody of the child (see Matter of Zaratzian v Abadir, 105 AD3d 1054 [2013]; Matter of Peek v Peek, 79 AD3d 753, 753-754 [2010]). “Since the court has an obligation to make an objective and independent evaluation of the circumstances, a custody determination s

Appeal from an order of the Family Court, Suffolk County (Martha L. Luft, J.), dated February 10, 2015. The order denied the mother’s objections to so much of an order of that court (Barbara Lynaugh, S.M.), dated December 11, 2014, as denied that branch of her motion which was to disqualify the father’s attorney and directed the dismissal of her petition for an upward modification of the father’s child support obl

Evans v Oliveira (2018 NY Slip Op 07055) Evans v Oliveira 2018 NY Slip Op 07055 Decided on October 23, 2018 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law

*700In related child custody proceedings pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Queens County (Seiden, Ct. Atty. Ref.), dated December 10, 2012, which, without a hearing, and upon the granting of the father’s application to dismiss her petition for sole custody of the child Lawrence, Jr., in effect, granted the father’s petition for sole custod

*700In related child custody proceedings pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Queens County (Seiden, Ct. Atty. Ref.), dated December 10, 2012, which, without a hearing, and upon the granting of the father’s application to dismiss her petition for sole custody of the child Lawrence, Jr., in effect, granted the father’s petition for sole custod

In related proceedings pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Queens County (Negron, Ct. Atty. Ref.), dated August 2, 2012, which dismissed his petition for a hearing on the mother’s proposed relocation to New Jersey with prejudice. Ordered that the order is affirmed, without cost or disbursements. Contrary to

In an action for a divorce and ancillary relief, the plaintiff appeals, by permission, from an order of the Supreme Court, Westchester County (Capeci, J.), entered October 10, 2013, which, without a hearing, granted the defendant’s motion for sole legal and physical custody of the parties’ two children. Ordered that the order is affirmed, with costs. An award of custody must be based upon the best interests of the chi

Appeal by the plaintiff from an order of the Supreme Court, Westchester County (Colleen D. Duffy, J.), entered September 13, 2013. The order, insofar as appealed from, denied the plaintiffs motion for an upward modification of the defendant’s child support obligation pursuant to the parties’ separation agreement, and for an award of counsel fees. Ordered that the order is affirmed insofar as a

In an action for a divorce and ancillary relief, the plaintiff appeals, by permission, from an order of the Supreme Court, Westchester County (Capeci, J.), entered October 10, 2013, which, without a hearing, granted the defendant’s motion for sole legal and physical custody of the parties’ two children. Ordered that the order is affirmed, with costs. An award of custody must be based upon the best interests of the chi

Appeal from an order of the Supreme Court, Westchester County (Colleen D. Duffy, J.), dated August 9, 2013. The order, insofar as appealed from, denied the plaintiff’s motion to hold the defendant in contempt for his failure to provide her with proof of his procurement of life insurance naming the parties’ child as an irrevocable beneficiary, for an upward modification of the defendant’s child support obligation,

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Kings County (Danoff, J.), dated May 22, 2012, which, without a hearing, granted the father’s petition for custody of the subject children. Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Kings County, for a hearing on the father’s peti

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Kings County (Danoff, J.), dated May 22, 2012, which, without a hearing, granted the father’s petition for custody of the subject children. Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Kings County, for a hearing on the father’s peti

S.L. v J.R. (2015 NY Slip Op 01791) S.L. v J.R. 2015 NY Slip Op 01791 Decided on March 4, 2015 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

*206MEMORANDUM OF DECISION AND ORDER SPATT, District Judge. On January 2, 2014, the Plaintiff Chan-tay Sewell (the “Plaintiff’) commenced this action against the Defendant Phil Bernar-din (the “Defendant”), who she alleges hacked her American Online (“AOL”) email account (the “AOL Account”) and her Facebook social media account (the “Face-book Account

Duffy, J., dissents, and votes to affirm the order of the Family Court with the following memorandum: I disagree with the majority’s reversal of the order of the Family Court and remittal of the matter to the Family Court, Queens County, for a hearing and a new determination of the petition thereafter. In this case, the Family Court, which had presided over five prior neglect proceedings pertaining to the petitioner involving the