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Matter of Kagels v. Kagels

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1994
209 A.D.2d 1020 (N.Y. App. Div. 1994)

Opinion

November 16, 1994

Appeal from the Niagara County Family Court, Halpin, J.

Present — Denman, P.J., Green, Fallon, Wesley and Doerr, JJ.


Order unanimously affirmed without costs. Memorandum: We affirm Family Court's dismissal of the petition for reasons stated in the decision at Family Court (Halpin, J.). We note only that, although the court erred in awarding permanent custody of the parties' three children to respondent without holding a hearing (see, Matter of Goodwin v. Goodwin, 193 A.D.2d 1138), reversal is not required. In response to the petition seeking modification of the custody order, the court held a full hearing and addressed the custody issue de novo. Consequently, petitioner was not prejudiced by the court's error. By failing to object to the court's decision to hold in abeyance a neglect petition pending against her until resolution of the custody issue, petitioner failed to preserve for review her argument on appeal that the neglect petition should have been resolved first.


Summaries of

Matter of Kagels v. Kagels

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1994
209 A.D.2d 1020 (N.Y. App. Div. 1994)
Case details for

Matter of Kagels v. Kagels

Case Details

Full title:In the Matter of PAULA S. KAGELS, Appellant, v. JON J. KAGELS, Respondent

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

Date published: Nov 16, 1994

Citations

209 A.D.2d 1020 (N.Y. App. Div. 1994)
619 N.Y.S.2d 996

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