Kollmar v. Kollmar
Cases that cite this one
7 later published cases cite this decision.
- Matter of Besen v. Besen (Appellate Division of the Supreme Court of New York 2015)
- Hughes v. Hughes (Appellate Division of the Supreme Court of New York 2015)
- Matter of Ennis v. Piterniak (Appellate Division of the Supreme Court of New York 2015)
- Matter of Acworth v. Kollmar (Appellate Division of the Supreme Court of New York 2014)
- Matter of Resnick v. Ausburn (Appellate Division of the Supreme Court of New York 2014)
- Anonymous 2011-1 v. Anonymous 2011-2 (Appellate Division of the Supreme Court of New York 2013)
- Anonymous 2011-1 v. Anonymous 2011-2 (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
Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the mother’s contention, the Supreme Court properly denied, without a hearing, that branch of her motion which was to modify the custody provisions of the parties’ stipulation of settlement. “Modification of an existing custody or visitation arrangement is permissible only upon a showing that there has been a change in circumstances 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, 1148-1149 [2010]; Matter of Grant v Hunter, 64 AD3d 779, 779 [2009] [internal quotation marks omitted]; Matter of Riedel v Riedel, 61 AD3d 979, 979 [2009] [internal quotation marks omitted]; see Sirabella v Sirabella, 95 AD3d 1296 [2012]). “ A party seeking a change in visitation or custody is not automatically entitled to a hearing, but must make an evidentiary showing sufficient to warrant a hearing’ ” (Sirabella v Sirabella, 95 AD3d at 1296, quoting Matter of Leichter-Kessler v Kessler, 71 AD3d at 1149; see Matter of Grant v Hunter, 64 AD3d at 779; Matter of Riedel v Riedel, 61 AD3d at 979). Here, the mother failed to make an evidentiary showing of a change in circumstances sufficient to warrant a hearing (see Sirabella v Sirabella, 95 AD3d at 1296-1297; Matter of Fitje v Fitje, 87 AD3d 599, 600 [2011]; Matter of Deochand v Deochand, 80 AD3d 609, 610 [2011]; Matter of Wakefield v Wakefield, 74 AD3d 1213 [2010]; Matter of Grant v Hunter, 64 AD3d at 779; Matter of Blackstock v Price, 51 AD3d 914, 915 [2008]; Matter of Davis v Venditto, 45 AD3d 837, 838 [2007]). Angiolillo, J.E, Austin, Sgroi and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.