MATTER OF WAGNER v. DEL VALLE

2021-05892. Docket Nos. V-14882-15/21E, V-14882-15/21F.

221 A.D.3d 1017 (2023)

202 N.Y.S.3d 148

2023 NY Slip Op 06143

In the Matter of Michael Philip Wagner, Appellant, v. Emily C. Del Valle, Respondent.

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

Decided November 29, 2023.


Attorney(s) appearing for the Case

Daniel L. Pagano , White Plains, NY, for appellant.

Scott Stone , White Plains, NY, for respondent.

Jessica Bacal , Mt. Kisco, NY, attorney for the child.

Iannacci, J.P., Maltese, Wooten and Ventura, JJ., concur.


In related proceedings pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Westchester County (Rachel Hahn, J.), dated July 13, 2021. The order granted, without a hearing, the mother's motion to dismiss (1) the father's amended petition to modify an order of same court dated February 7, 2020, so as, inter alia, to award him unsupervised parental access with the parties' child, and (2) the father's petition to enforce the parental...

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