Simpson v. Ptaszynska
Cases that cite this one
25 later published cases cite this decision.
- McNelis v. Carrington (Appellate Division of the Supreme Court of New York 2013)
- McNelis v. Carrington (Appellate Division of the Supreme Court of New York 2013)
- Breytman v. Pinnacle Group (Appellate Division of the Supreme Court of New York 2013)
- Breytman v. Pinnacle Group (Appellate Division of the Supreme Court of New York 2013)
- Breytman v. Schechter (Appellate Division of the Supreme Court of New York 2012)
- Breytman v. Schechter (Appellate Division of the Supreme Court of New York 2012)
- Caesar v. HSBC Bank USA, NA (Appellate Division of the Supreme Court of New York 2021)
- Strujan v. Kaufman & Kahn, LLP (Appellate Division of the Supreme Court of New York 2019)
- Strujan v. Glencord Building Corp. (Appellate Division of the Supreme Court of New York 2016)
- Strunk v. New York State Board of Elections (Appellate Division of the Supreme Court of New York 2015)
- Hayes v. Barroga-Hayes (Appellate Division of the Supreme Court of New York 2014)
- Hayes v. Barroga-Hayes (Appellate Division of the Supreme Court of New York 2014)
- Breytman v. Olinville Realty (Appellate Division of the Supreme Court of New York 2013)
- Breytman v. Olinville Realty (Appellate Division of the Supreme Court of New York 2013)
- Taub v. Taub (Appellate Division of the Supreme Court of New York 2012)
- Breytman v. Olinville Realty, LLC (Appellate Division of the Supreme Court of New York 2012)
- Breytman v. Olinville Realty, LLC (Appellate Division of the Supreme Court of New York 2012)
- Francis v. Francis (Appellate Division of the Supreme Court of New York 2011)
- Reiss v. Giraldo (Appellate Division of the Supreme Court of New York 2010)
- Rodriguez v. Hangartner (Appellate Division of the Supreme Court of New York 2009)
- Molinari v. Tuthill (Appellate Division of the Supreme Court of New York 2009)
- Gutzmer v. Santini (Appellate Division of the Supreme Court of New York 2009)
- Del Vecchio v. Del Vecchio (Appellate Division of the Supreme Court of New York 2009)
- Varricchio v. Varricchio (Appellate Division of the Supreme Court of New York 2009)
- Nieves-Ford v. Gordon (Appellate Division of the Supreme Court of New York 2008)
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 related proceedings, inter alia, pursuant to Family Court Act article 6, the father appeals, as limited by his brief, from so much of an order of the Family Court, Kings County (Morgenstern, J.), dated June 16, 2003, as, in effect, denied, without a hearing, those branches of his petition and separate motion which were to modify a prior order of custody and visitation and directed him to seek permission of the court before re-filing any petition or motion.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
Contrary to the father’s contention, the Family Court properly, in effect, denied, without a hearing, those branches of his petition and separate motion which were to modify a prior order of custody and visitation. One who seeks to modify an existing order of custody and visitation is not automatically entitled to a hearing, but must make some evidentiary showing sufficient to warrant a hearing (see Matter of Goldberg v Goldberg, 300 AD2d 585 [2002]; David W. v Julia W., 158 AD2d 1
Moreover, while public policy mandates free access to the courts, “when a litigant is ‘abusing the judicial process by hagriding individuals solely out of ill will or spite, equity may enjoin such vexatious litigation’ ” (Matter of Shreve v Shreve, 229 AD2d 1005, 1006 [1996], quoting Sassower v Signorelli, 99 AD2d 358, 359 [1984]). Here, the Family Court properly directed the father to seek permission of the court before re-filing any petitions or motions (see Matter of Kevin W. v Monique T., 38 AD3d 672, 673 [2007]; Matter of Pignataro v Davis, 8 AD3d 487, 489 [2004]; Matter of Manwani v Manwani, 286 AD2d 767, 768-769 [2001]).
The father’s remaining contentions are without merit. Crane, J.P., Ritter, Lifson and Balkin, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.