Appellate Division, Second Department · November 4, 2026 · 2026 NY Slip Op 06439
Matter of Hasko v Kikalenios
Read the official decision: 2026 NY Slip Op 06439
Holding 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.
The court’s words
The father's allegations, which were supported by the requisite threshold evidentiary showing, demonstrated factual issues so as to require a hearing
2026 NY Slip Op 06439, at the official text
The Family Court improperly dismissed, without a hearing, the father's petition
2026 NY Slip Op 06439, at the official text
Custody determinations should generally be made only after a full and plenary hearing
2026 NY Slip Op 06439, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | November 4, 2026 |
| Citation | 2026 NY Slip Op 06439 |
| Area of law | Family Law |
| Week | Week ending November 7, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06439 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1734 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Hasko v Kikalenios, 2026 NY Slip Op 06439 (Appellate Division, Second Department, November 4, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06439/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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