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(the appeal is dismissed)CivilCourt of AppealsAppeal
Matter of Pine v. Kirk
- Court
- Appellate Division of the Supreme Court of the State of New York
- Decided
- Oct 2, 2026
- Docket
- 601 CAF 25-00774
- Judges
- Not listed
Cited as2026 NY Slip Op 05631
Detailed analysis & 3-line summary
AI breakdown
Where this case stands
Family Court: the petitioner's custody petition.
This decision · Appeal
(the appeal is dismissed)
TL;DR
- 1A man is appealing a decision from Family Court that his custody petition.
- 2The Appellate Division his appeal without further proceedings.
- 3The dismissal means the 's decision stands, reinforcing the original ruling.
Key issues
- 1
Did the Family Court correctly dismiss the custody petition?
Holding · The Appellate Division found that the Family Court's dismissal was valid and upheld it.
Why it matters
This affects the father's attempt to gain custody and his parental rights.
If you were the judge?
Man fights for custody but isn't recognized as dad. Can he win in appeals court?
- 1A man is trying to get custody of his child, but Family Court dismissed his case saying he's not recognized as the child's legal parent.
- 2He argues he should have custody and wants the appeals court to recheck if he counts as the child's father.
- 3The big question is whether the Family Court was right to decide he doesn't legally qualify as a parent.
Did the Family Court make the right call in dismissing his petition?
Parties
Appellant
Matter of Pine
Appellee
Kirk
Roles are inferred from the case caption.
Opinion of the court
Matter of Pine v Kirk
2026 NY Slip Op 05631
October 2, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
IN THE MATTER OF STEPHEN C. PINE, PETITIONER-APPELLANT,
v
JEAN M. KIRK, RESPONDENT-RESPONDENT. (APPEAL NO. 2.)
Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department
Decided on October 2, 2026
601 CAF 25-00774
Present: Bannister, J.P., Montour, Greenwood, Nowak, And Hannah, JJ.
CHARLES J. GREENBERG, AMHERST, FOR PETITIONER-APPELLANT.
Appeal from an order of the Family Court, Seneca County (Barry L. Porsch, J.), entered April 10, 2025, in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition.
[*1]
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Entered: October 2, 2026
Ann Dillon Flynn
Clerk of the Court