Matter of Lopez v. Reyes

Summary

The Appellate Division, Second Department, modified an amended Family Court order that awarded sole custody to the mother and remitted the matter for a reopened hearing and new custody and visitation determination because new developments rendered the appellate record insufficient to assess the children's best interests. The court affirmed the denial of sanctions against the mother's counsel and denied the respondent's motion to dismiss the appeal as untimely.

Holdings

1. Changed circumstances and new developments rendered the appellate record insufficient to determine whether sole custody with the mother remained in the children's best interests; therefore, the custody provision was deleted and the matter was remitted for a reopened hearing and a new custody and visitation determination.
2. The Family Court providently exercised its discretion in declining to impose sanctions upon the mother's counsel.
3. The motion to dismiss the appeal as untimely was denied.

Questions Presented

1. Whether new developments arising during the appeal rendered the record insufficient to determine whether the existing custody award remained in the children's best interests.
2. Whether the Family Court properly declined to impose sanctions on the mother's attorney.
3. Whether the respondent's appeal-dismissal motion based on alleged untimeliness should be granted.

Disposition

remanded