McKissen v. DeLeon

• Docket Number: 943,CAF 21-01469
• Decision Date: 17 March 2023
• Parties: In the Matter of Carlos Colon MCKISSEN, Petitioner-Respondent, v. Lourdes M. DELEON, Respondent-Appellant. (Appeal No. 2.)
• Court: New York Supreme Court — Appellate Division

214 A.D.3d 1367
185 N.Y.S.3d 849

In the Matter of Carlos Colon MCKISSEN, Petitioner-Respondent,
v.
Lourdes M. DELEON, Respondent-Appellant. (Appeal No. 2.)

943
CAF 21-01469

Supreme Court, Appellate Division, Fourth Department, New York.

Entered: March 17, 2023

BRUCE C. ENTELISANO, UTICA, FOR RESPONDENT-APPELLANT.

D.J. & J.A. CIRANDO, PLLC, SYRACUSE (REBECCA L. KONST OF COUNSEL), FOR PETITIONER-RESPONDENT.

JUSTIN F. BROTHERTON, WATERTOWN, ATTORNEY FOR THE CHILD.

PRESENT: PERADOTTO, J.P., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.

185 N.Y.S.3d 851

MEMORANDUM AND ORDER

214 A.D.3d 1367

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: In these consolidated appeals arising from proceedings pursuant to Domestic Relations Law article 5-A and Family Court Act article 6, Lourdes M. DeLeon (mother), the respondent in appeal Nos. 1 and 2 and the petitioner in appeal No. 3, appeals from three orders. The order in appeal No. 1 granted the request of Carlos Colon McKissen (father), the

214 A.D.3d 1368

petitioner in appeal Nos. 1 and 2 and the respondent in appeal No. 3, to register a custody and visitation determination issued by a court in the State of Florida (Florida determination). The order in appeal No. 2, inter alia, granted the father's petition seeking, in effect, to modify the Florida determination by awarding him custody of the subject child, with visitation to the mother. The order in appeal No. 3 dismissed the mother's petition seeking, following the entry of an order awarding the father temporary custody of the child, an order, inter alia, resuming the custody and visitation arrangement established by the Florida determination.

At the outset, we note that the mother has not raised any contentions with respect to the order in appeal No. 1, and we therefore dismiss her appeal from that order (see Burns v. Grandjean , 210 A.D.3d 1467, 1470, 179 N.Y.S.3d 829 [4th Dept. 2022] ).

We reject...