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Matter of Finkbeiner v. Finkbeiner

Appellate Division of the Supreme Court of New York, Second Department
Apr 4, 2000
270 A.D.2d 417 (N.Y. App. Div. 2000)

Opinion

Argued January 25, 2000.

April 4, 2000.

In a custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Suffolk County (Kent, J.), dated March 11, 1999, which awarded custody of the child Kyle to the petitioner father.

Robert C. Mangi, Westbury, N.Y. (Faden Goldmacher [Beth J. Goldmacher] of counsel), for appellant.

Chris Finkbeiner, Trout Creek, N.Y., respondent pro se.

DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, GABRIEL M. KRAUSMAN, LEO F. McGINITY, JJ.


DECISION ORDER

ORDERED that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Suffolk County, for a new hearing in accordance herewith; and it is further,

ORDERED that pending a new determination made after a new hearing, custody of the child Kyle shall remain with the father.

The Family Court erred in failing to consider the alleged acts of domestic violence committed by the father in determining whether an award of custody of the child to the father was in the child's best interests (see, Domestic Relations Law § 240[1][a][4]). The failure to do so requires the Family Court to conduct a new hearing and make a new determination.

In light of our determination, we do not reach the mother's remaining contentions.

RITTER, J.P., ALTMAN, KRAUSMAN, and McGINITY, JJ., concur.


Summaries of

Matter of Finkbeiner v. Finkbeiner

Appellate Division of the Supreme Court of New York, Second Department
Apr 4, 2000
270 A.D.2d 417 (N.Y. App. Div. 2000)
Case details for

Matter of Finkbeiner v. Finkbeiner

Case Details

Full title:In the Matter of CHRIS FINKBEINER, respondent, v. LYDIA FINKBEINER…

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

Date published: Apr 4, 2000

Citations

270 A.D.2d 417 (N.Y. App. Div. 2000)
705 N.Y.S.2d 268

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