Sherman v. Cook
Opinion of the Court
On the third violation petition, Supreme Court found that the mother did prevent the father from exercising visitation on the one date alleged, but that she did so because she heard a dog barking in the father’s apartment and both parents were aware that the child is allergic to dogs. The court accepted the mother’s testimony addressing this occasion and her concern for the child’s health. According deference to the court’s credibility determinations, we cannot say that the court abused its discretion in holding that the father failed to meet his burden of proving a willful violation by clear and convincing evidence (see Matter of Cobane v Cobane, 57 AD3d 1320, 1322-1323 [2008], lv denied 12 NY3d 706 [2009]; Matter of Rebecca O. v Todd P., 309 AD2d 982, 983 [2003]; see also Dwyer v De La Torre, 279 AD2d 854, 857 [2001]).
Rose, J.P, Lahtinen, Kavanagh and Garry, JJ., concur. Ordered that the orders are affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.