Appellate Division of the Supreme Court of New York, 2002

Corigliano v. Corigliano

Appellate Division of the Supreme Court of New York · Decided August 19, 2002

297 A.D.2d 328; 746 N.Y.2d 313; 746 N.Y.S.2d 313; 2002 N.Y. App. Div. LEXIS 7976

Cases that cite this one

24 later published cases cite this decision.

N.J.L v. C.A.L (New York Supreme Court, Nassau County 2024)
N.J.L v. C.A.L (New York Supreme Court, Nassau County 2024)
Vasquez-Williams v. Williams (Appellate Division of the Supreme Court of New York 2006)
Matter of R.B. v. I.S. (Richmond Family Court 2024)
Matter of R.B. v. I.S. (Richmond Family Court 2024)
Matter of Micah S. (Rogerio S.) (Appellate Division of the Supreme Court of New York 2022)
Matter of Adonnis M. (Kenyetta M.) (Appellate Division of the Supreme Court of New York 2021)
Matter of Oliver A. (Oguis A.-D.) (Appellate Division of the Supreme Court of New York 2018)
Matter of Smith v. Anderson (Appellate Division of the Supreme Court of New York 2016)
S., BRIAN, MTR. OF (Appellate Division of the Supreme Court of New York 2016)
In re Brian S. (Appellate Division of the Supreme Court of New York 2016)
In re Brian S. (Appellate Division of the Supreme Court of New York 2016)
In re James I. (Appellate Division of the Supreme Court of New York 2015)
In re James I. (Appellate Division of the Supreme Court of New York 2015)
Alvarez v. Alvarez (Appellate Division of the Supreme Court of New York 2014)
Alvarez v. Alvarez (Appellate Division of the Supreme Court of New York 2014)
Rivera v. LaSalle (Appellate Division of the Supreme Court of New York 2011)
Barbara ZZ. v. Daniel A. (Appellate Division of the Supreme Court of New York 2009)
In re Randi NN. (Appellate Division of the Supreme Court of New York 2009)
DiVittorio v. DiVittorio (Appellate Division of the Supreme Court of New York 2007)
McNally v. McNally (Appellate Division of the Supreme Court of New York 2006)
Martin R.G. v. Ofelia G.O. (Appellate Division of the Supreme Court of New York 2005)
Madden v. Cavanaugh (Appellate Division of the Supreme Court of New York 2003)
Pudalov v. Pudalov (Appellate Division of the Supreme Court of New York 2003)

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

*329A parent who seeks a change of custody is not automatically entitled to a hearing but must make some evidentiary showing sufficient to warrant a hearing (see Matter of Coutsoukis v Samora, 265 AD2d 482, 483; Teuschler v Teuschler, 242 AD2d 289, 290; Matter of Miller v Lee, 225 AD2d 778, 779). A change of custody should be made only if the totality of the circumstances warrants a modification (see Friederwitzer v Friederwitzer, 55 NY2d 89, 95-96).

The plaintiff father alleges that the defendant mother now works full time in Connecticut and attends college three nights a week. He further alleges that the parties’ eldest child lives with his paternal grandparents during the school week and has repeatedly expressed a desire to reside with him. In view of these allegations, an evidentiary hearing with respect to the branch of the father’s cross motion which was, inter alia, to award custody of the subject child to him, is warranted.

The Supreme Court also erred in denying that branch of the father’s cross motion which was to appoint a law guardian to represent the subject child separately from his siblings. As the law guardian adopted the position that the subject child remain with the mother and his two siblings at the outset of the proceeding, without making an appropriate inquiry, the potential conflict of interest in the law guardian’s continued representation of the subject child warrants the appointment of an independent law guardian for the subject child (cf Matter of Carballeira v Shumway, 273 AD2d 753; Matter of Rosenberg v Rosenberg, 261 AD2d 623, 624).

The appellant’s remaining contention is without merit. Santucci, J.P., H. Miller, Schmidt and Cozier, JJ., concur.

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