From Casetext: Smarter Legal Research

Matter of Nielsen v. Nielsen

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 8, 1996
225 A.D.2d 1050 (N.Y. App. Div. 1996)

Opinion

March 8, 1996

Appeal from the Jefferson County Family Court, Schwerzmann, J.

Present — Green, J.P., Fallon, Wesley, Davis and Boehm, JJ.


Order unanimously affirmed without costs. Memorandum: Because the distance between Watertown and Buffalo is sufficient to frustrate petitioner's frequent and regular contact with the children, respondent was properly required to demonstrate that exceptional circumstances warranted her relocation ( see, Stec v Levindofske, 153 A.D.2d 310, 312, lv denied 75 N.Y.2d 711; cf., Matter of Giovannone v Giovannone, 206 A.D.2d 869, lv denied 84 N.Y.2d 805). The record supports Family Court's determination that respondent failed to meet that burden. The contention that the court erred in failing to interview the children in camera is not preserved for our review ( see, Matter of Newton v Newton, 210 A.D.2d 337). The visitation schedule fashioned by the court has a sound and substantial evidentiary basis and will not be disturbed ( see, Corsell v Corsell, 101 A.D.2d 766, 767).


Summaries of

Matter of Nielsen v. Nielsen

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 8, 1996
225 A.D.2d 1050 (N.Y. App. Div. 1996)
Case details for

Matter of Nielsen v. Nielsen

Case Details

Full title:In the Matter of WILLIAM A. NIELSEN, Respondent, v. JOYCE L. NIELSEN…

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

Date published: Mar 8, 1996

Citations

225 A.D.2d 1050 (N.Y. App. Div. 1996)
639 N.Y.S.2d 220

Citing Cases

Pfalzer v. Pfalzer

Petitioner mother appeals from an order that dismissed her petition seeking modification of a judgment of…

Pfalzer v. Pfalzer

Memorandum: Petitioner mother appeals from an order that dismissed her petition seeking modification of a…