SYLVIA B. v. NELSON R.


46 A.D.3d 385 (2007)

848 N.Y.S.2d 83

SYLVIA B., Respondent, v. NELSON R., Appellant.

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

Decided December 20, 2007.


While a court need not conduct a hearing where a change in custody is sought upon speculative and frivolous reasons (David W. v Julia W., 158 A.D.2d 1, 6-7 [1990]), here, a family offense petition was filed. The infant child himself is alleged to have reported that petitioner struck him with a belt and metal buckle five times, causing bruising and soreness to the right arm and wrist. A...

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