Appellate Division of the Supreme Court of New York, 2000

Finkbeiner v. Finkbeiner

Appellate Division of the Supreme Court of New York · Decided March 20, 2000

270 A.D.2d 417; 705 N.Y.S.2d 268; 2000 N.Y. App. Div. LEXIS 2964

Cases that cite this one

4 later published cases cite this decision.

Matter of J.R.W. v. L.F.W. (Nassau Family Court 2005)
Matter of J.G. v. B.G. (Nassau Family Court 2005)
Samala v. Samala (Appellate Division of the Supreme Court of New York 2003)
Machado v. Del Villar (Appellate Division of the Supreme Court of New York 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In a custody proceed*418ing pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Suffolk County (Kent, J.), dated March 11, 1999, which awarded custody of the child Kyle to the petitioner father.

Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Suffolk County, for a new hearing in accordance herewith; and it is further,

Ordered that pending a new determination made after a new hearing, custody of the child Kyle shall remain with the father.

The Family Court erred in failing to consider the alleged acts of domestic violence committed by the father in determining whether an award of custody of the child to the father was in the child’s best interests (see, Domestic Relations Law § 240 [1] [a] [4]). The failure to do so requires the Family Court to conduct a new hearing and make a new determination.

In light of our determination, we do not reach the mother’s remaining contentions. Ritter, J. P., Altman, Krausman and McGinity, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.