Appellate Division of the Supreme Court of New York, 2012

Fortunato v. Murray

Appellate Division of the Supreme Court of New York · Decided January 31, 2012

91 A.D.3d 947; 937 N.Y.2d 604

Cases that cite this one

3 later published cases cite this decision.

Matter of Pechhioni v. Cusma (Appellate Division of the Supreme Court of New York 2014)
Yilmaz v. Yilmaz (Appellate Division of the Supreme Court of New York 2014)
Matter of Kripfgans v. Kripfgans (Appellate Division of the Supreme Court of New York 2014)

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

*948The mother’s arguments concerning custody of the parties’ daughter have been rendered academic, as the daughter has reached the age of majority (see Almeda v Hopper, 2 AD3d 471 [2003]; Belsky v Belsky, 172 AD2d 576 [1991]; Berk v Berk, 170 AD2d 564, 565 [1991]).

Contrary to the mother’s contention, the Family Court’s denial of her petition to vacate an order awarding residential custody of the parties’ youngest son to the father or modify the order so as to award her residential custody had a sound and substantial basis in the record (see Eschbach v Eschbach, 56 NY2d 167 [1982]; Matter of Gant v Chambliss, 86 AD3d 612 [2011]). A review of the Family Court’s determination indicates that it gave careful consideration to all relevant factors (see Matter of Galanos v Galanos, 28 AD3d 554, 555 [2006]). Skelos, J.R, Dickerson, Austin and Miller, JJ., concur.

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