Appellate Division of the Supreme Court of New York, 2004

Carpenter v. Whitaker

Appellate Division of the Supreme Court of New York · Decided March 22, 2004

5 A.D.3d 681; 774 N.Y.S.2d 761

Cases that cite this one

5 later published cases cite this decision.

El-Sheemy v. El-Sheemy (Appellate Division of the Supreme Court of New York 2006)
Aronowich-Culhane v. Fournier (Appellate Division of the Supreme Court of New York 2012)
Fitje v. Fitje (Appellate Division of the Supreme Court of New York 2011)
Mattie M. v. Administration for Children's Services (Appellate Division of the Supreme Court of New York 2008)
Belbol v. Stevenson (Appellate Division of the Supreme Court of New York 2005)

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 child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Dutchess County (Amodeo, J.), dated July 29, 2002, which, without a hearing, granted the father’s motion to dismiss the petition for change of residential custody.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the mother’s contention, the Family Court properly dismissed her petition for a change of residential custody without conducting a hearing. A parent seeking a change in custody is not automatically entitled to a hearing, but must make some evidentiary showing sufficient to warrant a hearing (see Matter of Madden v Cavanaugh, 307 AD2d 266 [2003]; Matter of Johnson v Semple, 273 AD2d 311 [2000]). Here, the mother failed to make such a showing.

*682The mother’s remaining contentions are not properly before the Court on this appeal as they involve matters that were not the subject of the order appealed from. Altman, J.P., Smith, H. Miller and Mastro, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.