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Matter of Paliani v. Selapack

Citation: 2019 NY Slip Op 9171Docket: 1157 CAF 18-01009

Court: Appellate Division of the Supreme Court of the State of New York; December 19, 2019; New York; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves Nicholas Paliani as the petitioner-respondent and Stephanie Selapack as the respondent-appellant. The appeal arises from a May 8, 2018 order issued by the Family Court in Genesee County, presided over by Judge Eric R. Adams, which determined that Selapack willfully violated a prior court order. As a consequence, the order mandated that Selapack's visitation with the child be supervised. The Appellate Division, Fourth Department, unanimously affirmed the Family Court's order without costs, referencing the same memorandum as in a related case (Matter of Paliani v Selapack, appeal No. 1). The decision was entered on December 20, 2019, with Mark W. Bennett serving as the Clerk of the Court.

Legal Issues Addressed

Appellate Review and Affirmation

Application: The Appellate Division reviewed the Family Court's decision and unanimously affirmed the order without costs, indicating agreement with the lower court's findings.

Reasoning: The Appellate Division, Fourth Department, unanimously affirmed the Family Court's order without costs, referencing the same memorandum as in a related case.

Supervised Visitation as a Consequence of Violation

Application: Due to Selapack's willful violation of the court order, the Family Court mandated that her visitation with the child be supervised.

Reasoning: As a consequence, the order mandated that Selapack's visitation with the child be supervised.

Willful Violation of Court Order

Application: The Family Court found that Stephanie Selapack willfully violated a previous court order, which led to modifications in her visitation rights.

Reasoning: The appeal arises from a May 8, 2018 order issued by the Family Court in Genesee County, presided over by Judge Eric R. Adams, which determined that Selapack willfully violated a prior court order.