X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

4383. IN RE MARTHA V., pet-res, v. TONY R., res-res — Neal D. Futerfas, White Plains, for ap — Law Offices of Susan Barrie, New York (Susan Barrie of counsel), for res — KENNETH M. TUCCILLO, HASTINGS ON HUDSON, ATTORNEY FOR THE CHILDREN.— Order, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about January 5, 2016, which granted the mother’s petition to modify a custody order and awarded her sole legal and physical custody of the parties’ children, subject to visitation with respondent father on alternate weekends, unanimously affirmed, without costs.

Contrary to the father’s contention, the court properly determined that a full evidentiary hearing was not necessary because it possessed sufficient information to render an informed decision on the children’s best interests and because the father made no offer of proof that would have affected the outcome (see Matter of Tony F. v. Stephanie D., 146 AD3d 691 [1st Dept 2017]; Matter of Fayona C. v. Christopher T., 103 AD3d 424 [1st Dept 2013]; compare S.L. v. J.R., 27 NY3d 558, 564 [2016]). Both parties and the attorney appointed for the children, then ages 12 and 15, were provided ample opportunity to present their positions, and the court made the factual basis for its determination clear on the record.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...


Apply Now ›

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...


Apply Now ›

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›