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ELKIN v. LABIS

105411/08, 3374, 3373, 3372.

148 A.D.3d 477 (2017)

2017 NY Slip Op 01806

48 N.Y.S.3d 664

AARON ELKIN, Appellant, v. ANDREA LABIS, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 15, 2017.

Plaintiff failed to establish any basis for the motion court to order defendant to bring the child to the courtroom (Domestic Relations Law § 70). Nor did plaintiff establish any change in circumstance warranting the reassessment or updating of the parenting plan (Matter of Moore v Gonzalez, 134 A.D.3d 718, 719 [2d Dept 2015]). An evidentiary hearing was not required (see e.g. Allen v Farrow, 215 A.D...

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