New York Law Watch
Family Law: 2026 decisions
Family relationships and Family Court proceedings are filed here, including records on custody, support, parentage and child protection.
Mental health proceedings are grouped here, including records on treatment, confinement and the procedures governing applications under the Mental Hygiene Law.
For Family Law, 2026 decisions, Law Watch lists 121 indexable decisions dated May 6, 2026 to November 12, 2026 across 13 decision weeks.
154 decision records: 121 meet the substance floor; 33 records are held from search listings.
Week ending November 14, 2026
Browse the week ending November 14, 2026
- Matter of C.R.2026 NY Slip Op 06584
The petition was properly dismissed for facial insufficiency because the uncertified, unverified, and unsigned grand jury minutes submitted were hearsay, and the petition did not otherwise contain any nonhearsay allegations. The Presentment Agency was permitted to appeal the dismissal order because the respondent’s motion to dismiss was filed untimely, causing the order to be entered after the fact-finding hearing had commenced.
- Matter of Scott E. v Annette D.2026 NY Slip Op 06597
The Appellate Division affirmed the Family Court’s award of primary physical custody to the father, finding that the mother’s relocation and the breakdown of the parties’ informal agreement constituted a change in circumstances. The court determined that the father provided a more stable environment given the mother’s ongoing struggle with alcoholism and her failure to disclose her relocation.
- Matter of S.L. v R.S.M.2026 NY Slip Op 06574
The Appellate Division affirmed the Family Court’s denial of the father’s petition for custody modification, finding no change in circumstances and upholding the lower court’s credibility determinations. The court also determined that any error in admitting the mother’s diary was harmless because the father failed to demonstrate prejudice.
- Matter of A.M. (N.L.)2026 NY Slip Op 06554
The Appellate Division affirmed the Family Court’s finding that the appellant was legally responsible for the child and had abused the child, as the evidence established caretaking responsibilities and nonaccidental trauma. The court rejected the appellant’s claims of ineffective assistance of counsel and bias, finding that counsel pursued a reasonable strategy and no specific prejudicial conduct was identified.
Week ending November 7, 2026
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- Matter of Hasko v Kikalenios2026 NY Slip Op 06439
The Appellate Division reversed the Family Court’s dismissal of the father’s petition to modify custody, finding that his allegations of a change in circumstances warranted a full hearing. The court determined that the father made the requisite threshold evidentiary showing to require a plenary hearing on whether the existing custody arrangement continued to serve the child’s best interests.
Week ending October 31, 2026
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- Matter of B.B.V. v D.S.S., Jr., et al.2026 NY Slip Op 06397
The Family Court properly dismissed the custody petition filed by the biological mother for lack of standing. The court determined that the mother lacked standing because the child had already been placed in the care and custody of the Commissioner of Social Services for adoption purposes prior to the filing of the petition.
- Matter of Andrew II. v Gail JJ.2026 NY Slip Op 06368
The Appellate Division affirmed the Family Court’s order modifying custody to implement a graduated schedule for overnight visits and maintaining travel restrictions. The court found that the father’s inconsistent parenting and transportation issues provided a sound basis for requiring demonstrated reliability before expanding his access to the child.
- Peru v Peru2026 NY Slip Op 06392
The Appellate Division affirmed the lower court’s award of sole legal and primary physical custody to the mother, finding that the father’s refusal to accept the child’s autism diagnosis and his failure to provide a realistic educational plan were detrimental to the child’s best interests. The court determined that joint custody was inappropriate due to the acrimonious relationship between the parties and the father’s undermining behavior.
- Matter of Jeffrey O. v Casey Q.2026 NY Slip Op 06363
The court affirmed the Family Court’s sua sponte dismissal of the violation petition, holding that the order was appealable as of right because it was dispositional. The dismissal was proper because the petition’s allegations were either moot, duplicative of pending matters, or failed to allege violations of the order of protection.
- Matter of Olatunji v Animashaun2026 NY Slip Op 06307
The Appellate Division affirmed the Family Court’s order enforcing a Nigerian custody decree under the UCCJEA, determining that Nigeria retained exclusive, continuing jurisdiction. The court held that the mother’s wrongful removal of the children to New York did not establish New York as the children’s home state.
- Matter of L.R. v E.H.2026 NY Slip Op 06248
The Appellate Division affirmed the Family Court’s denial of the father’s request to keep his out-of-state address confidential, finding he failed to demonstrate an unreasonable risk to his safety. The court also upheld the limitation of the father’s visitation to New York until he disclosed his Nevada address, citing his financial circumstances and refusal to share travel costs.
- Matter of F.L.H. (A.G.L.)2026 NY Slip Op 06245
The Appellate Division affirmed the Family Court’s order excluding the respondent from the marital home and finding him guilty of second-degree harassment and reckless endangerment. The court determined that the respondent’s aggressive conduct and threats established a safety concern, justifying the exclusion order despite the parties’ prior living arrangements.
Week ending October 24, 2026
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- Matter of R.S. v M.T.2026 NY Slip Op 06228
The Appellate Division reversed the Family Court’s denial of the mother’s motion to vacate a default custody order, finding that she demonstrated a reasonable excuse for her default and a meritorious defense. The court determined that the default order was improvidently entered given the mother’s safety concerns and the lack of sufficient evidence to determine the child’s best interests.
- Matter of L.S. v S.P.2026 NY Slip Op 06227
The Appellate Division affirmed the Family Court’s order of protection, finding that the petitioner established by a fair preponderance of the evidence that the respondent committed menacing in the third degree and harassment in the second degree. The court deferred to the Family Court’s credibility determinations, noting the ample opportunity for cross-examination and demeanor assessment during the hearing.
- Matter of R.R. v J.I.F.2026 NY Slip Op 06226
The Appellate Division affirmed the dismissal of the father’s petition for visitation with prejudice, finding that visitation was not in the child’s best interests due to the father’s history of abuse and poor conduct. The court determined that the father’s refusal to take responsibility for his actions and his threatening behavior toward the child’s attorneys justified the trial court’s decision.
- Matter of Iris YY. (Jasmine WW.-David XX.)2026 NY Slip Op 06190
The Appellate Division affirmed the termination of the mother’s parental rights, finding that she violated the terms of her suspended judgment by failing to maintain consistent visitation, engage in mental health counseling, and keep a safe residence. The court determined that the Family Court’s credibility determinations were supported by a sound and substantial basis in the record.
- Matter of Zechariah F. (Marcella F.)2026 NY Slip Op 06186
The court affirmed the Family Court’s adjudication of neglect and abuse based on the mother’s federal guilty plea admissions, rejecting her claim of ineffective assistance of counsel. The matter was remitted solely to clarify the lower court’s inconsistent order regarding the younger child’s derivative severe abuse.
- Atkins v Atkins2026 NY Slip Op 06185
The Appellate Division affirmed the equitable distribution of marital property, including a 22.5% share of a business interest and related payments, finding no abuse of discretion despite the trial court’s failure to articulate specific statutory factors. The court also upheld the denial of a tax credit to the husband and the imposition of a below-statutory interest rate on the distributive award.
- Matter of Frank CC. v Samantha BB.2026 NY Slip Op 06183
The Appellate Division affirmed the Family Court’s order modifying custody to grant the father primary physical custody, finding that the child’s exposure to domestic violence constituted a change in circumstances warranting a best interests review. The court determined that the mother’s instability and the father’s stable environment provided a sound and substantial basis for the modification.
- Four-Rosenbaum v Four-Rosenbaum2026 NY Slip Op 06182
The Supreme Court erred by analyzing the motion to limit child support arrears under Family Ct Act § 451 rather than Family Ct Act § 413 (1) (g), which prevents arrears from accruing if income is below the federal poverty guidelines. The matter was remitted for a hearing to determine if the statutory requirements for preventing arrears accrual were met.
- Matter of Jack CC. (Cassandra BB.)2026 NY Slip Op 06181
The appeals were dismissed as moot because the mother surrendered her parental rights, eliminating the live controversy. The court held that the exception to the mootness doctrine did not apply because the discovery issues did not typically evade appellate review.
- Matter of Matthew R. (Jaqueline R.)2026 NY Slip Op 06180
The Appellate Division affirmed the Family Court’s determination that the child was permanently neglected, finding that the petitioner made diligent efforts to reunify the family while the mother failed to plan for the child’s future. The court held that the mother’s challenge to the termination of parental rights was moot due to the child’s adoption, but the permanent neglect finding remained reviewable due to its significant stigma.
- Matter of Vera Y. v Joshua Y.2026 NY Slip Op 06179
The Appellate Division vacated the contempt finding and associated fine regarding the father’s failure to designate a pediatrician because the underlying court order was ambiguous. Additionally, the court reversed the child support award and remitted the matter for recalculation, finding that the father was denied due process when the Family Court entered the award despite assuring the parties it would refer the issue to a Support Magistrate.
- Menkes v Menkes2026 NY Slip Op 06203
The Appellate Division affirmed the judgment directing that a home equity line of credit secured by the husband’s separate property be paid from the proceeds of the jointly owned marital residence. The court held that the debt incurred to acquire the marital residence is not transformed into a separate property obligation merely because it is secured by separate property.
- Matter of Tammy Q. v Harold R.2026 NY Slip Op 06177
The Appellate Division affirmed the Family Court’s award of sole custody to the mother and denial of all forms of contact for the incarcerated father, finding that such contact was contrary to the child’s best interests. The court determined that the father’s violent crimes, long-term incarceration, and history of disregarding protection orders rebutted the presumption of visitation.
- Chan v Fraley2026 NY Slip Op 06194
The Appellate Division reversed the lower court’s denial of additional interim counsel fees, finding that the trial court improvidently exercised its discretion given the economic disparity between the parties. The court awarded an additional $10,000 in counsel fees to the plaintiff, noting that the previous award was inexplicably low considering the defendant’s dilatory behavior and the plaintiff’s financial burden.
- Matter of Mia A.P. (Dennis L.)2026 NY Slip Op 06121
The Appellate Division affirmed the Family Court’s finding of neglect and its denial of the mother’s motions to dismiss and vacate the finding. The court determined that the mother failed to establish good cause to vacate the neglect finding due to the serious nature of the conduct and her lack of insight into the harm caused to the child.
- Latchana v Khubba2026 NY Slip Op 06106
The Appellate Division affirmed the lower court’s denial of mutual contempt motions, finding that neither party established by clear and convincing evidence that the other disobeyed court orders or caused prejudice. The court also upheld the grant of injunctive relief designating the defendant as the primary contact for the marital business and the denial of counsel fees due to a lack of evidence regarding financial conditions.
- Kibalya v Kibalya2026 NY Slip Op 06105
The Appellate Division affirmed the dismissal of the divorce action on the ground of forum non conveniens, finding that the trial court providently exercised its discretion. The court determined that the plaintiff’s residence in Australia, the defendant’s residence in Uganda, and the location of evidence and assets outside the United States militated against retaining the litigation in New York.
- Matter of S.B.N. (J.N.)2026 NY Slip Op 06067
The court affirmed the termination of the mother’s parental rights, finding that clear and convincing evidence established her inability to provide proper care due to mental illness. The expert’s opinion was deemed competent despite the lack of direct observation of the mother’s interactions with the children.
- Matter of E.V. v M.L.P.2026 NY Slip Op 06062
The Appellate Division affirmed the denial of the father’s petition for custody modification, finding that the child’s best interests were served by remaining in the mother’s primary custody. The court modified the contempt fine to $250 because the lower court failed to find actual loss or injury, and remanded the matter to determine the father’s reasonable counsel fees.
- Matter of C.P. v D.H.2026 NY Slip Op 06060
The Appellate Division affirmed the Family Court’s order granting the father primary physical custody, finding a change in circumstances and that the best interests of the children were served by the modification. The court relied on evidence of poor hygiene, dental care, and school attendance in the mother’s care, as well as credible testimony regarding domestic violence witnessed by the children.
Week ending October 17, 2026
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- Matter of S.R. v E.C.2026 NY Slip Op 06032
The Appellate Division affirmed the dismissal of the mother’s petition to modify custody because her testimony failed to demonstrate a material change in circumstances. Obtaining a larger apartment and growing closer to the children did not establish a need to alter the existing custody arrangement for the children’s best interests.
- Matter of J.M. v N.R.2026 NY Slip Op 06012
The Appellate Division affirmed the Family Court’s orders awarding the fathers sole legal and physical custody of the children, finding the decision had a sound and substantial basis in the record. The court determined that the fathers were better able to provide a stable home and that joint custody was inappropriate due to mistrust and lack of communication between the parents.
- Matter of Ak.D.L.M. (J.J.M.)2026 NY Slip Op 06008
The Appellate Division affirmed the termination of the father’s parental rights based on a finding of permanent neglect, supported by clear and convincing evidence that he failed to plan for the children’s future. The court noted that the father failed to consistently visit or complete necessary services despite the agency’s diligent efforts to facilitate his service plan.
- Matter of A.K. v P.C.2026 NY Slip Op 06005
The Appellate Division affirmed the Family Court’s award of sole legal and physical custody to the mother, finding that visitation with the father was not in the child’s best interests due to prior family offenses and the father’s lack of accountability. The court also noted that the child’s expressed wish against visitation was properly considered as a factor in the best interests analysis.
- Matter of Sincere S. (Kelsey L.R.)2026 NY Slip Op 05959
The Appellate Division affirmed the Family Court’s denial of the mother’s motion to vacate a finding of neglect. The court determined that the mother failed to establish good cause and did not demonstrate that vacating the finding would serve the child’s best interests.
- Matter of Multani v Singh2026 NY Slip Op 05957
The Appellate Division affirmed the Family Court’s orders granting the mother sole custody and dismissing the father’s petition, finding that the father failed to provide a reasonable excuse for his failure to appear at the hearing. The court also affirmed the denial of the father’s motion to vacate the default, noting his lack of explanation for not contacting the court or his attorney during his hospitalization.
- Matter of Zyhir J. (Garland J.)2026 NY Slip Op 05954
The Appellate Division affirmed the Family Court’s finding that the father neglected the children, as the evidence established he took them to shoplift, grew marijuana in their sleeping area, and asked them to provide urine samples for his own tests. The court further held that the children’s out-of-court statements were sufficiently corroborated by their consistency and mutual support.
- Matter of George v Ranga2026 NY Slip Op 05952
The Appellate Division affirmed the Family Court’s denial of the mother’s objections, finding that she failed to demonstrate diligent attempts to secure commensurate employment. Consequently, the Support Magistrate properly based the child support calculation on the mother’s 2024 tax return income rather than her current reduced earnings.
- Matter of J.J. (M.D.)2026 NY Slip Op 05910
The Appellate Division affirmed the Family Court’s summary judgment finding that the mother neglected the children by behaving aggressively and waving a lighter near an oxygen tank in their presence. The court also held that the change of permanency goal to adoption was not properly before the court or was moot, and found no basis to disturb the best interest determination.
- Matter of C.J.C. (O.G.)2026 NY Slip Op 05906
The Appellate Division affirmed the termination of the mother’s parental rights, finding that clear and convincing evidence established her mental illness prevented her from caring for the child. The court held that the expert’s opinion was competent despite the lack of direct observation of the mother-child interaction or recent medical records.
- C.P. v D.M.2026 NY Slip Op 05903
The Appellate Division reversed the lower court’s award of interim post-judgment counsel fees because the record lacked a required determination that the defendant was the less monied spouse. Additionally, the court vacated the order requiring the plaintiff to pay fifty percent of the forensic evaluator’s retainer, finding no substantially changed circumstances to justify the expense.
- Alterman v Alterman2026 NY Slip Op 05901
The Supreme Court properly awarded a charging lien to the law firm because the defendant failed to demonstrate attorney misconduct or timely object to the fees. The court also correctly retained jurisdiction to determine the lien despite the husband’s death because the defendant’s right to a distributive award had already vested.
Week ending October 10, 2026
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- Matter of Hayes v Porter2026 NY Slip Op 05880
The court affirmed the Family Court’s order denying the father parenting time, finding that the decision was supported by a sound and substantial basis in the record regarding the strained relationship and the father’s lack of accountability. The court further held that ordering the father’s substantial compliance with intensive counseling as a condition for future modification petitions was not an improper prerequisite to visitation.
- Matter of Buchholz v Trombley2026 NY Slip Op 05876
The Appellate Division affirmed the Family Court’s denial of the mother’s petition to modify custody and visitation, finding that the lower court’s best interests determination was supported by a sound and substantial basis in the record. The court also held that the mother’s claim of judicial bias was unpreserved because she failed to move for recusal.
- Matter of Anaya P. (Michael P.)2026 NY Slip Op 05875
The Family Court did not err in giving collateral estoppel effect to the respondent’s criminal conviction for sexual offenses in the subsequent Family Court Act article 10 proceedings. The court affirmed the determination that the respondent abused the children, rejecting the argument that the timing of the proceedings prevented the application of collateral estoppel.
- Matter of T.G. (T.G.)2026 NY Slip Op 05852
The Appellate Division affirmed the Family Court’s order denying the mother’s application for the return of her children pending a neglect fact-finding hearing. The court found that leaving the children alone for two hours posed an imminent risk to their life or health that could not be mitigated by reasonable efforts.
- Chen v Chen2026 NY Slip Op 05850
The Appellate Division affirmed the lower court’s denial of a final order of protection, finding that the plaintiff failed to prove by a preponderance of the evidence that the defendant committed the family offenses of harassment and menacing. The court determined that the plaintiff’s partial recording did not corroborate her allegations of threats and that the defendant’s use of foul language did not rise to the level of the alleged offenses.
- C.S. v R.H.2026 NY Slip Op 05849
The Appellate Division held that assets held in valid, irrevocable trusts for third-party beneficiaries are not subject to equitable distribution, even if the grantor retains administrative powers or tax ownership. The court vacated the trial court’s inclusion of trust assets in the marital estate and remanded the case for recalculation of the distribution of non-trust assets.
- Matter of Yeo v Yeo2026 NY Slip Op 05800
The Appellate Division affirmed the Family Court’s denial of the father’s motions to vacate default orders of fact-finding and protection. The court held that the father failed to establish a reasonable excuse for his failure to appear at the hearing, which was a necessary prerequisite to vacating the default.
- Matter of Grace-Monae Jesse W. (Valarie W.)2026 NY Slip Op 05798
The Appellate Division affirmed the termination of the mother’s parental rights, finding that the agency made diligent efforts to strengthen the parent-child relationship while the mother failed to plan for the child’s future. The court determined that a suspended judgment was inappropriate because the mother did not gain insight into the issues causing the child’s removal.
- Matter of Sanders v Ellis2026 NY Slip Op 05796
The court affirmed the dismissal of the putative grandmother’s petition, holding that while she established biological standing, equitable considerations did not warrant judicial intervention to grant visitation. The court found that the mother’s objections were well-founded and that the prior visitation order did not independently confer standing.
- Matter of Zacari S. (Messiah K.S.)2026 NY Slip Op 05794
The Appellate Division affirmed the Family Court’s finding of neglect, determining that the father’s commission of acts of domestic violence in the children’s presence and infliction of excessive corporal punishment impaired or endangered the children’s condition. The court noted that review was limited to contested matters due to the father’s default at the dispositional hearing.
- Matter of Michael S.2026 NY Slip Op 05793
The Appellate Division affirmed the Family Court’s adjudication of delinquency, holding that it was proper to proceed with the appearance in the absence of a parent after a reasonable and substantial effort was made to contact him. The court further determined that the appellant’s admissions and allocutions were valid and that certain challenges were unpreserved for appellate review.
- Matter of Alexander M.R. (Manuel D. J. R.)2026 NY Slip Op 05790
The court affirmed the findings of sexual abuse and neglect but reversed the provision conditioning the father’s parental access on the child’s consent. The appellate court held that the Family Court improperly delegated its authority to determine parental access to the child.
- Matter of Auner M. (Pedro M.)2026 NY Slip Op 05789
The Appellate Division affirmed the termination of the father’s parental rights, finding that the agency exercised diligent efforts to strengthen the parent-child relationship while the father failed to plan for the child’s future. The court further determined that terminating rights and transferring custody for adoption was in the child’s best interests, rejecting the argument for a suspended judgment.
- Matter of Hana-Aluna O. C.-M. (Kimberly C.)2026 NY Slip Op 05784
The Appellate Division affirmed the Family Court’s order of disposition finding that the mother neglected the child by failing to provide adequate shelter and food. The court determined that the child’s out-of-court statements were sufficiently corroborated by witness testimony and records to support the finding of neglect.
- Matter of Mecca B. (Lashonda B.)2026 NY Slip Op 05783
The Appellate Division affirmed the Family Court’s order terminating the mother’s parental rights on the ground of abandonment. The court held that a separate dispositional hearing is not required upon a finding of abandonment and that the lower court properly exercised its discretion in proceeding without one.
- Millender-Rubin v Rubin2026 NY Slip Op 05780
The Appellate Division modified the lower court’s order by denying the plaintiff’s cross-motion for summary judgment awarding her exclusive possession of the cryopreserved embryos. The court determined that neither party established entitlement to judgment as a matter of law because they failed to identify which specific IVF cycle produced the disputed embryos or submit the corresponding cryopreservation agreement.
- Chance v Chance2026 NY Slip Op 05764
The Appellate Division affirmed the judgment of divorce, holding that the father forfeited his right to assigned counsel due to egregious conduct and that the trial court properly denied his request for an adjournment. The court determined that review was limited to matters contested below because the judgment was entered upon the father’s default.
- Matter of B.R. (A.C.)2026 NY Slip Op 05733
The Supreme Court properly authorized the co-guardian to change beneficiary designations and reform LLC operating agreements to align with the incapacitated person’s prior estate plan, as permitted by Mental Hygiene Law § 81.21. The court rejected the argument that the statute is limited to lifetime transfers and found that the appellant failed to comply with the operating agreements’ requirements for continuing the business.
- Lackwood v Lackwood2026 NY Slip Op 05730
The Appellate Division affirmed the lower court’s decision to grant a civil contempt motion without a hearing because the husband failed to raise a factual dispute regarding his inability to pay. The court also affirmed the denial of the husband’s order to show cause for assignment of counsel, noting that such an order was not appealable as of right and the lower court’s discretion was properly exercised.
- Matter of C.B. (L.B.)2026 NY Slip Op 05718
The Family Court properly denied the parents’ motions to dismiss the neglect petition with prejudice because it could not do so without first conducting a fact-finding hearing to determine that intervention was not required. Additionally, the voluntary withdrawal of the petition by ACS did not mandate dismissal with prejudice in the absence of a showing that the petition was filed to harass or annoy respondents.
- Matter of B.C. v M.C.2026 NY Slip Op 05716
The appeal was dismissed as moot because the order of protection expired by its own terms and the appellant failed to identify any permanent stigma. Additionally, the appellant was precluded from challenging the underlying allegations because the initial order was entered on default.
- Matter of Partia A. v Thierno D.2026 NY Slip Op 05713
The father’s decision to proceed pro se constituted a valid waiver of his right to counsel because he repeatedly chose to retain private counsel without requesting assigned counsel or demonstrating financial inability. The court properly denied further adjournments and affirmed the custody order, finding the waiver was knowing, intelligent, and voluntary.
Week ending October 3, 2026
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- Matter of Madison v Petteway2026 NY Slip Op 05664
The Appellate Division unanimously affirmed the Family Court’s order adjudging the respondent to have sole legal and primary physical custody of the subject child. The decision was issued without costs in a proceeding pursuant to Family Court Act article 6.
- Khan v Khan2026 NY Slip Op 05639
The Appellate Division affirmed the dismissal of the plaintiff’s complaint because the defendant’s evidence conclusively established that there was no fraudulent misrepresentation or omission regarding the value of the medical practice. Furthermore, the court found that the plaintiff could not have justifiably relied on any alleged fraud because she waived further discovery after being notified of a potential transaction.
- Matter of Masci v Romero2026 NY Slip Op 05632
The Appellate Division affirmed the Family Court’s order granting the father sole legal and primary physical custody, finding that the mother’s interference with visitation established a sufficient change in circumstances. The court also determined that the lower court appropriately considered postpetition conduct when evaluating the child’s best interests.
- Matter of Z. J.W. (Toria W.)2026 NY Slip Op 05616
The Appellate Division affirmed the termination of the mother’s parental rights based on a finding of permanent neglect, supported by clear and convincing evidence. The court determined that the agency made diligent efforts to strengthen the parental relationship, but the mother failed to plan for the child’s future and did not gain insight into the problems leading to removal.
- Matter of J.M.W. (Kassandra F.W.)2026 NY Slip Op 05615
The Appellate Division affirmed the termination of the mother’s parental rights based on a finding of permanent neglect, supported by clear and convincing evidence that she failed to plan for the child’s future despite the agency’s diligent efforts. The court found that the mother’s failure to attend the majority of scheduled visits and therapy sessions, combined with her lack of credible testimony, justified the Family Court’s decision.
- Osman v Pelofi2026 NY Slip Op 05602
The Appellate Division affirmed the denial of the husband’s motion for discovery and forensic examination, finding that he failed to establish a triable issue of fact regarding the wife’s access to his emails. The court also rejected his due process and spoliation claims, noting that he was afforded a full opportunity to litigate and that the wife voluntarily produced her device for examination.
- Matter of Ashlee NN. v Todd OO.2026 NY Slip Op 05581
The Appellate Division affirmed the dismissal of the family offense petition, finding that the petitioner failed to meet her burden of proving harassment by a fair preponderance of the evidence. The court deferred to the Family Court’s credibility determinations and noted that the respondent’s admitted phone calls lacked sufficient context to establish the requisite offense.
- Matter of Marcello OO. v Jayne PP.2026 NY Slip Op 05580
The Appellate Division affirmed the Family Court’s order suspending the father’s contact with the children and directing him to complete parenting classes and evaluations. The court found that the father’s persistent conduct, including involving the children in litigation and disparaging the mother, demonstrated that continued contact would be detrimental to the children’s welfare.
- Matter of Marcello OO. v Jayne PP.2026 NY Slip Op 05578
The Appellate Division affirmed the Family Court’s dismissal of the father’s contempt petitions, finding he failed to prove by clear and convincing evidence that the mother violated the custody and visitation orders. The court determined the father’s testimony lacked specificity regarding missed visits and calls, and he did not demonstrate that the mother’s conduct intentionally impaired his rights.
- Cullinan v Cullinan2026 NY Slip Op 05577
The Appellate Division affirmed the Supreme Court’s unequal equitable distribution award and extended maintenance duration, finding that the husband’s use of marital income to acquire separate property created significant financial inequity. The court determined that the trial court did not abuse its discretion in deviating from standard guidelines to protect the wife’s financial interests given the disparity in resources and the husband’s financial planning.
- Matter of Westchester County Dept. of Social Servs. v Davidson C.L.2026 NY Slip Op 05544
The Appellate Division affirmed the Family Court’s order adjudicating the appellant as the father of the child, finding that he was equitably estopped from obtaining a genetic marker test. The court determined that the best interests of the child supported the application of equitable estoppel and that the lower court properly resolved credibility issues in favor of the mother’s testimony.
- Matter of Gil R. (Dan R.)2026 NY Slip Op 05541
The Supreme Court properly exercised its discretion in awarding attorney’s fees and evaluator costs to the petitioner’s counsel and the court-appointed evaluator, as it provided an adequate explanation referencing the required factors. The appellate court affirmed the order denying the decedent’s motion to vacate the fee award.
- Matter of Naila P. (Althea P.)2026 NY Slip Op 05540
The Appellate Division reversed the Family Court’s denial of the mother’s motion to modify the order of fact-finding and disposition. The court held that the mother was entitled to a suspended judgment and vacatur of the neglect finding based on her lack of prior history, compliance with services, and the child’s best interests.
- Matter of Nucci v Jonckers2026 NY Slip Op 05539
The appellate court affirmed the lower court’s denial of the father’s objections to an award of attorneys’ fees and a corresponding money judgment. The court found that the Support Magistrate providently exercised discretion in granting the fees under the totality of the circumstances, including the meritorious nature of the petition and the parties’ financial situations.
- Matter of Monahan v Zindman2026 NY Slip Op 05538
The Family Court lacked subject matter jurisdiction to entertain the family offense petition because the parties did not share an intimate relationship as defined by statute. The court reversed the lower court’s order of fact-finding and disposition, dismissing the proceeding.
- Marcano v Suazo2026 NY Slip Op 05536
The Family Court properly registered and enforced an out-of-state custody decree because the mother failed to demonstrate that the issuing court lacked jurisdiction or that she lacked proper notice. The court also correctly declined to exercise temporary emergency jurisdiction as the mother did not establish an immediate emergency requiring state intervention.
- Matter of David J.M. (Linda V.)2026 NY Slip Op 05535
The Appellate Division affirmed the Family Court’s finding of neglect because the mother’s untreated mental illness placed the child at imminent risk of harm. The court determined that the evidence established neglect by a preponderance of the evidence, despite the mother’s failure to appear at the dispositional hearing.
- Matter of Maria M. v William S.2026 NY Slip Op 05534
The Appellate Division affirmed the Family Court’s findings that the father committed multiple family offenses, including stalking and assault, based on a fair preponderance of the evidence. The court also upheld the issuance of a five-year order of protection and the denial of the father’s request for substitution of counsel.
- Matter of Leviene v Horrell2026 NY Slip Op 05533
The Appellate Division reversed the Family Court’s finding of disorderly conduct because the evidence failed to establish that the appellant’s conduct was committed with the intent to cause, or recklessly posed a risk of causing, public inconvenience, annoyance, or alarm. Consequently, the order of protection issued pursuant to that finding was vacated.
- Matter of Gathers v Gathers2026 NY Slip Op 05531
The Appellate Division reversed the Family Court’s denial of the father’s objections, holding that the Support Magistrate erred by including a one-time holiday payment in the calculation of the father’s gross income. The court remitted the matter for a recalculation of the basic child support obligation after excluding that nonrecurring payment.
- Matter of Kaidyn C. (Kalleh F.)2026 NY Slip Op 05526
The Appellate Division modified the lower court’s order by deleting the finding that the mother medically neglected the child, as ACS failed to prove the mother did not seek or accept medical care. The court affirmed the findings of neglect based on the child’s sleeping environment and derivative neglect of the sibling.
- Matter of L.S. (D.S.)2026 NY Slip Op 05503
The appellate court affirmed the Family Court’s determination that the appellant lacked standing to challenge her exclusion from the apartment because she failed to prove it was her primary residence. Additionally, the court affirmed the denial of the appellant’s request for an adjournment due to the absence of a legal excuse for her failure to appear.
- Matter of D.N. (N.N.)2026 NY Slip Op 05483
The Appellate Division affirmed the Family Court’s finding that the father neglected three children by committing domestic violence in their presence and derivatively neglected a fourth child in close proximity. The court held that a single incident of domestic violence can support a neglect finding and that the evidence, including child testimony and caseworker observations, established the father’s impaired parental judgment.
- Matter of Alessandra L. v Robert H.2026 NY Slip Op 05480
The appeal was dismissed as taken from a nonappealable order because the petitioner failed to file objections to the Support Magistrate’s order. Under Family Court Act § 439(e), an appeal must be taken from the resulting Family Court order after objections are reviewed, not directly from the Support Magistrate’s decision.
- Matter of S.G. v C.M.2026 NY Slip Op 05473
The Appellate Division affirmed the Family Court’s determination that the respondent father committed two counts of menacing in the third degree and granted a two-year order of protection. The court found that the petitioner established the offense by a preponderance of the evidence and that the respondent’s procedural arguments regarding preclusion and the lack of a separate dispositional hearing were unpreserved or unavailing.
Week ending September 26, 2026
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- Matter of Carmela II. v Juan II.2026 NY Slip Op 05451
The Appellate Division affirmed the lower court’s determination that visitation with the grandmother was in the children’s best interests, but reversed the specific visitation schedule due to the passage of time. The matter was remitted to Family Court to establish a new, potentially graduated or supervised, visitation schedule to facilitate bonding.
- Matter of Devon YY. v James ZZ.2026 NY Slip Op 05446
The Appellate Division affirmed the Family Court’s order granting the father primary physical custody and final decision-making authority, finding that the mother’s repeated failures to return the child and unilateral changes to the child’s education and healthcare constituted a change in circumstances. The court determined that the best interests of the child were served by supervised visitation for the mother and that the mother failed to establish a family offense.
- Matter of Roe v D’Aguanno2026 NY Slip Op 05402
The Appellate Division affirmed the Family Court’s denial of the mother’s motion to vacate a default order granting the father residential custody. The court found that the mother failed to demonstrate a reasonable excuse for her failure to appear or a meritorious defense to the petition.
- Matter of Mansani D. (Sitan S.D.)2026 NY Slip Op 05392
The Appellate Division affirmed the Family Court’s finding that the mother neglected her child and derivatively neglected her other child, as she failed to rebut the presumption of parental responsibility regarding the child’s ingestion of alcohol and marijuana. The court further upheld the disposition releasing the children to the father’s custody, determining it was in the children’s best interests given the mother’s impaired judgment and the father’s consistent compliance with supervision.
- Matter of Jayden (Annette D.C.-Maria S.)2026 NY Slip Op 05390
The Appellate Division affirmed the Family Court’s grant of adoption petitions, finding that the mother abandoned the children by failing to contact or communicate with them for a period exceeding six months. Consequently, the mother’s consent to the adoption was not required under Domestic Relations Law § 111(2)(a).
- LaMarco v LaMarco2026 NY Slip Op 05388
The Appellate Division affirmed the denial of the defendant’s motion to vacate the judgment of divorce because the motion was untimely and the defendant failed to demonstrate a reasonable excuse for the delay. The court also affirmed the denial of the motion to stay enforcement of money judgments and the award of attorney’s fees to the plaintiff.
Week ending September 19, 2026
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- Matter of State of New York v Ernest D.2026 NY Slip Op 05312
The court affirmed the lower court’s order revoking the appellant’s release into a strict and intensive supervision and treatment regimen and directing his confinement to a secure treatment facility. The State successfully demonstrated by clear and convincing evidence that the appellant remained a dangerous sex offender requiring confinement due to his inability to control his sexual behavior.
- Matter of Kelly C. v Chaya E.2026 NY Slip Op 05306
The Appellate Division reversed the Family Court’s determination that a preconception agreement did not exist for the second child, finding that the record supported the existence of such an agreement at the time of conception. Consequently, the non-biological partner established standing to seek parental access, and the matter was remitted for a best interests hearing.
- Foley v Foley2026 NY Slip Op 05283
The Appellate Division affirmed the lower court’s order holding the defendants in civil contempt for failing to pay a distributive award, as the defendants failed to refute the plaintiff’s showing of noncompliance with a clear and unequivocal mandate. The court declined to consider issues raised on the appeal that could have been raised in a previously dismissed cross-appeal.
- Cywiak v Packman2026 NY Slip Op 05276
The Appellate Division affirmed the dismissal of the divorce complaint because a prior stipulation filed with the court constituted documentary evidence that utterly refuted the plaintiff’s allegation of a valid marriage. The court further held that the plaintiff failed to establish any basis to vacate the stipulation.
- Brandford v Brandford2026 NY Slip Op 05270
The Appellate Division affirmed the lower court’s order holding the plaintiff in civil contempt for willfully failing to pay child support arrears and an equitable distribution award. The court found that the plaintiff failed to demonstrate financial inability to comply with the court orders, thereby justifying the contempt findings and associated incarceration directives.
- Barnard v Barnard2026 NY Slip Op 05264
The judgment of divorce was modified to award the defendant a 50% share of the plaintiff’s savings and checking accounts and to delete the retroactive child support award pending recalculation with appropriate credits for mortgage payments. The appellate court affirmed the maintenance award and counsel fees as a provident exercise of discretion.
Week ending September 12, 2026
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- People v G.O.2026 NY Slip Op 05242
The Appellate Division affirmed the finding of civil contempt against the Office of Mental Health for delaying the transfer of a mentally ill defendant to a secure psychiatric facility, rejecting the argument that the defendant’s refusal of treatment broke the chain of causation. The court held that the defendant suffered actual loss or injury due to the delay, entitling him to a fine sufficient to indemnify him rather than the statutory minimum.
Week ending September 5, 2026
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- Matter of Raymond R. (Raymond T.)2026 NY Slip Op 05217
The appeal is dismissed as moot because the subject child was discharged from the residential treatment program and turned eighteen years old during the pendency of the appeal. The court further denied the attorney for the child’s motion to compel production of the child as academic.
- Graudins v Hunt2026 NY Slip Op 05168
The defendant lacked standing to enforce a stipulation requiring the decedent to maintain life insurance because the children, not the defendant, were the intended beneficiaries. Consequently, the Supreme Court properly denied the defendant’s cross-motion to recover the policy value from the decedent’s estate.
Week ending July 25, 2026
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- Matter of Allaoo R. (Gabriel R.)2026 NY Slip Op 04720
The court affirmed the termination of the father’s parental rights on the ground of abandonment, finding that he failed to visit or communicate with the child or petitioner for the statutory six-month period. The court held that the father’s incarceration did not excuse his failure to maintain contact and that he failed to prove that the petitioner prevented or discouraged such contact.
- Matter of Hanalise S. (Ezra B.B.)2026 NY Slip Op 04710
The Appellate Division affirmed the Family Court’s orders of protection, noting that the respondent failed to preserve his contention regarding the court’s authority by opposing the motion solely on the ground of prematurity. The court declined to address the unpreserved issue in the interest of justice but confirmed the respondent was an appropriate party for the orders.
- Erik T.K. v Anthony W.C.2026 NY Slip Op 04709
The Family Court properly determined that the biological father failed to establish a substantial relationship with the child, thereby failing to establish his right of consent to the adoption. Consequently, the court did not need to proceed to the second step of determining whether the father forfeited that right through abandonment.
- Matter of Alhasan v Zanbour2026 NY Slip Op 04708
The Appellate Division affirmed the Family Court’s order limiting the father’s visitation to therapeutic supervised contact, finding a sound and substantial basis in the record. The court also affirmed the dismissal of the father’s petition for civil contempt, noting he failed to establish the necessary elements by clear and convincing evidence.
- Matter of Joseph R. v State of New York2026 NY Slip Op 04702
The court affirmed the lower court’s order continuing the petitioner’s confinement, finding that the evidence was legally sufficient to establish by clear and convincing evidence that he is a dangerous sex offender. The court determined that the petitioner’s refusal to engage in treatment and high risk assessment scores supported the finding that he has serious difficulty controlling his behavior.
- Matter of Ty’Shawn B.2026 NY Slip Op 04694
The Appellate Division reversed the Family Court’s order granting summary judgment for derivative neglect because the petitioner failed to meet its initial burden of establishing that the mother’s prior neglect of other children created a substantial risk of harm to the subject child. The court found that the prior order’s vague finding of ‘inadequate guardianship’ did not sufficiently identify the specific conduct or demonstrate that the condition still existed for the new child.
- Matter of Barrett v Gaines2026 NY Slip Op 04683
The court affirmed the dismissal of the grandmother’s custody petitions because she failed to establish the existence of extraordinary circumstances required to overcome the parents’ superior custody rights. The court determined that a single indicated report of abuse and the father’s employment or criminal history did not constitute extraordinary circumstances under the law.
- Matter of Webb v Kautz2026 NY Slip Op 04671
The Appellate Division affirmed the Family Court’s order granting the mother primary physical custody, finding that the father’s excessive corporal punishment and failure to arrange medical care constituted a change in circumstances. The court determined that the evidence supported the finding that such custody was in the child’s best interests.
- Matter of Michael J.L.2026 NY Slip Op 04670
The Appellate Division affirmed the termination of the father’s parental rights on the ground of permanent neglect, finding that the petitioner met its burden of showing diligent efforts while the father failed to plan for the child’s future. The court also rejected the father’s due process and bias claims, noting the bias argument was unpreserved.
- Matter of Jamari R.2026 NY Slip Op 04655
The Family Court’s determination that the mother neglected the child was supported by a sound and substantial basis in the record. The mother’s failure to seek assistance for the child and her refusal of preventive services, combined with her failure to testify, established neglect.
- Matter of Kerry K. v State of New York2026 NY Slip Op 04623
The Appellate Division reversed the lower court’s order granting discharge, finding that the determination that the petitioner did not suffer from a mental abnormality was against the weight of the evidence. The court held that the lower court erred by failing to address the expert testimony regarding other specified paraphilic disorder and psychopathic traits, which, combined with antisocial personality disorder, can support a finding of mental abnormality.
- Matter of Tope v Shaquan R.2026 NY Slip Op 04621
The appellate court affirmed the lower court’s order authorizing involuntary medication, finding that the petitioner met the burden of proving the respondent lacked capacity and that the treatment was narrowly tailored. The court declined to review the contention regarding remote physician testimony because the record on appeal was incomplete.
- Matter of Towle v Seth2026 NY Slip Op 04619
The court vacated the grant of the mother’s petition for modification of custody and relocation because the lower court failed to make specific findings on the relevant statutory factors. Additionally, the court reversed the finding that the father committed a family offense, determining that the evidence did not establish the requisite intent to harass.
- Matter of Brady J. S. v Darla A. B.2026 NY Slip Op 04588
The court affirmed the Family Court’s order granting joint custody with designated zones of influence and its finding of civil contempt against the maternal grandparents. The appellate court determined that the child’s refusal to visit the father was the result of a prolonged campaign of alienation waged by the grandparents, rather than the child’s independent choice.
Week ending May 9, 2026
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- Matter of H.I. v I.S.90 Misc 3d 390
Family Court Act § 842’s durational limits apply only to orders of protection issued after fact-finding and dispositional hearings, not to those issued on consent. Consequently, a Family Court may issue a consent order of protection for a period exceeding two years without a judicial finding of aggravated circumstances or a violation of a prior order.
Also decided
- Fata v Duncan 2026 NY Slip Op 06551 November 10, 2026
- Youngwall v Santos 2026 NY Slip Op 06487 November 4, 2026
- Matter of Walter W. (Sabrina U.) 2026 NY Slip Op 06184 October 22, 2026
- Matter of I.G.N. (E.N.) 2026 NY Slip Op 06205 October 22, 2026
- Matter of M. (Wanda) 2026 NY Slip Op 06119 October 21, 2026
- Matter of Airabella P. (Michael P.) 2026 NY Slip Op 05877 October 9, 2026
- Matter of B.B. v M.C. 2026 NY Slip Op 05847 October 8, 2026
- Matter of DiPietro v Delacruz 2026 NY Slip Op 05787 October 7, 2026
- Baylies v Willis 2026 NY Slip Op 05660 October 2, 2026
- Matter of Carroll v Carroll 2026 NY Slip Op 05659 October 2, 2026
- Matter of Holmes v Stenshorn 2026 NY Slip Op 05658 October 2, 2026
- Matter of Dickinson v Whelan 2026 NY Slip Op 05654 October 2, 2026
- Matter of Santopietro v Shy Kym S. 2026 NY Slip Op 05647 October 2, 2026
- Matter of Maddox B.S. (Kristopher S.) 2026 NY Slip Op 05645 October 2, 2026
- Matter of Kardar S. (Darmeshia S.) 2026 NY Slip Op 05644 October 2, 2026
- Matter of Juniper T. (Stephanie T.) 2026 NY Slip Op 05643 October 2, 2026
- Matter of Staie v Davidson 2026 NY Slip Op 05634 October 2, 2026
- Matter of Roth v Roth 2026 NY Slip Op 05633 October 2, 2026
- Matter of Pine v Kirk 2026 NY Slip Op 05630 October 2, 2026
- Matter of Antonio T. 2026 NY Slip Op 05542 September 30, 2026
- Matter of Jennine E. v Derrick W.T. 2026 NY Slip Op 05528 September 30, 2026
- Matter of Chambers v Straw 2026 NY Slip Op 05391 September 23, 2026
- Matter of Ameenah H. (Zenobia H.) 2026 NY Slip Op 05245 September 10, 2026
- Matter of Gabriel M.R. v Belladior R. 2026 NY Slip Op 04721 July 24, 2026
- Matter of Hanalise S. (Ezra B.B.) 2026 NY Slip Op 04711 July 24, 2026
- Matter of Towle v Seth 2026 NY Slip Op 04620 July 24, 2026
- Matter of Brady J.S. v Darla A.B. 2026 NY Slip Op 04590 July 24, 2026
- Matter of Brady J.S. v Darla A.B. 2026 NY Slip Op 04589 July 24, 2026
- Matter of Abdoch v Abdoch 2026 NY Slip Op 04564 July 24, 2026
- Matter of LE (NS) 90 Misc 3d 307 April 13, 2026
- S.H. v S.H. 90 Misc 3d 216 March 26, 2026
- Matter of K.J. v S.A. 89 Misc 3d 1000 January 15, 2026
- FUNTI v ANDREWS 251 AD3d 44 January 6, 2026