Opinion
2012-10-17
In the Matter of Deirdre M. PRICE, appellant, v. Howard JENKINS, respondent.
Ralph R. Carrieri, Mineola, N.Y., for appellant. Thomas E. Draycott, Brightwaters, N.Y., attorney for the child.
Ralph R. Carrieri, Mineola, N.Y., for appellant. Thomas E. Draycott, Brightwaters, N.Y., attorney for the child.
In a proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Nassau County (Eisman, J.), dated June 2, 2011, which, sua sponte, enjoined her from filing any further petitions against the father without permission of the court.
ORDERED that on the Court's own motion, the notice of appeal is deemed to be an application for leave to appeal and leave to appeal is granted ( see Family Ct. Act § 1112[a] ); and it is further,
ORDERED that the order is reversed, on the facts and in the exercise of discretion, without costs or disbursements.
While public policy generally mandates free access to the courts ( see Board of Educ. of Farmingdale Union Free School Dist. v. Farmingdale Classroom Teachers Assn., Local 1889, AFT AFL–CIO, 38 N.Y.2d 397, 404, 380 N.Y.S.2d 635, 343 N.E.2d 278), “a party may forfeit that right if he or she abuses the judicial process by engaging in meritless litigation motivated by spite or ill will” (Matter of Wieser v. Wieser, 83 A.D.3d 950, 950, 920 N.Y.S.2d 719;see Matter of Reiss v. Giraldo, 77 A.D.3d 759, 759, 908 N.Y.S.2d 600;Matter of Molinari v. Tuthill, 59 A.D.3d 722, 723, 875 N.Y.S.2d 495;*915Matter of Pignataro v. Davis, 8 A.D.3d 487, 489, 778 N.Y.S.2d 528). Under the circumstances presented here, the mother did not abuse the judicial process by filing two petitions to modify a custody and visitation order ( see Matter of Wieser v. Wieser, 83 A.D.3d 950, 920 N.Y.S.2d 719;compare Matter of Manwani v. Manwani, 286 A.D.2d 767, 730 N.Y.S.2d 520). Accordingly, the Family Court improvidently exercised its discretion in enjoining the mother from filing any further petitions against the father without permission of the court.
Since the mother did not appeal from the order dismissing her petitions, her remaining contentions are not properly before this Court.