Appellate Division of the Supreme Court of New York, 2012

Dowgiallo v. Williams

Appellate Division of the Supreme Court of New York · Decided October 3, 2012

99 A.D.3d 708; 951 N.Y.2d 404

Cases that cite this one

6 later published cases cite this decision.

Matter of Brown-Winfield v. Bailey (Appellate Division of the Supreme Court of New York 2016)
Ellen Z. v. Isaac D. (NYC Family Court 2015)
Yuan v. Sawyer (Appellate Division of the Supreme Court of New York 2014)
Yuan v. Sawyer (Appellate Division of the Supreme Court of New York 2014)
Marino v. Marino (Appellate Division of the Supreme Court of New York 2013)
Marino v. Marino (Appellate Division of the Supreme Court of New York 2013)

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

*709The Family Court properly vacated a temporary order of protection and dismissed the father’s family offense petition against the mother, without a hearing, as the petition failed to allege conduct by the mother that would constitute disorderly conduct or reckless endangerment (see Family Ct Act §§ 812 [1]; 832; Matter of Davis v Venditto, 45 AD3d 837, 838 [2007]; Matter of Jones v Roper, 187 AD2d 593 [1992]).

Further, the Family Court providently exercised its discretion in dismissing, without a hearing, the father’s petition to modify an existing custody order so as to award him sole residential custody of the subject child. The father was required to make “some evidentiary showing sufficient to warrant a hearing” based upon a subsequent change of circumstances (Matter of Mennuti v Berry, 59 AD3d 625, 625 [2009]), “such that a modification is necessary to ensure the continued best interests and welfare of the child” (Matter of Leichter-Kessler v Kessler, 71 AD3d 1148, 1149 [2010]; see Matter of Jean v Washington, 71 AD3d 1145, 1146 [2010]), and the father failed to do so.

The father’s remaining contentions are not properly before this Court. Angiolillo, J.E, Florio, Belen and Roman, JJ., concur.

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