From Casetext: Smarter Legal Research

In re Tyska

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 2010
74 A.D.3d 831 (N.Y. App. Div. 2010)

Opinion

Nos. 2009-01297, Docket No. V-999-07.

June 1, 2010.

In a proceeding pursuant to Family Court Act article 6, the father appeals, as limited by his brief, from so much of an order of the Family Court, Suffolk County (Tarantino, Jr., J.), dated January 5, 2009, as granted the mother's cross petition to relocate to Tennessee with the parties' child.

Jason Bassett, Central Islip, N.Y., for appellant.

Mariane Jensen, Murfreesboro, Tennessee, respondent pro se.

Myrka A. Gonzalez, Sayville, N.Y., attorney for the child.

Before: Dillon, J.P., Balkin, Belen and Lott, JJ.,


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

There is a sound and substantial basis in the record for the Family Court's determination to grant the mother's cross petition to relocate to Tennessee with the parties' child ( see Matter of Tropea v Tropea, 87 NY2d 727, 738; Matter of Aruty v Mormando, 70 AD3d 683; Matter of Wirth v Wirth, 56 AD3d 787, 788). The father's claim that the Family Court should have ordered a forensic evaluation of him before determining the mother's cross petition is without merit ( compare Matter of Rovenia G.M. v Lesley P.A., 44 AD3d 942, 943-944).


Summaries of

In re Tyska

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 2010
74 A.D.3d 831 (N.Y. App. Div. 2010)
Case details for

In re Tyska

Case Details

Full title:In the Matter of DAVID TYSKA, Appellant, v. MARIANE JENSEN, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 1, 2010

Citations

74 A.D.3d 831 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 4801
901 N.Y.S.2d 527

Citing Cases

In re Otero

see Matter of Tropea v Tropea, 87 NY2d 727, 739; Matter of Tabernuro v Jones, 23 AD3d 667; Matter of Brackman…