Summary
The Appellate Division, Second Department, affirmed Family Court orders restricting the mother's ability to file additional petitions or motions without leave of court. The court held that the restrictions were a proper exercise of discretion because the mother had engaged in vexatious litigation and repeatedly sought the same relief based on the same allegations. The court also noted related appellate proceedings concerning the dismissal and reinstatement of a neglect petition.
Court
Supreme Court of the State of New York, Appellate Division, Second Judicial Department
Jurisdiction
Supreme Court of the State of New York, Appellate Division, Second Department
Decision date
April 8, 2026
Docket number
2023-05667, 2023-05690
Disposition
affirmed
Questions Presented
- Whether the Family Court properly exercised its discretion by requiring the mother to obtain prior court approval before filing additional motions or petitions.
- Whether the mother's remaining contention was properly before the Appellate Division on appeal.
Holdings
- A party may forfeit the generally recognized right of free access to the courts by abusing the judicial process through meritless, vexatious litigation motivated by spite or ill will; based on the mother's repeated applications seeking the same relief on the same allegations, the Family Court providently exercised its discretion in requiring prior court approval for further filings.
- The mother's remaining contention was not properly before the Appellate Division and therefore was not considered.
Court Document
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