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(the man's 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
606 CAF 25-00384
Judges
Not listed
Cited as2026 NY Slip Op 05635
Detailed analysis & 3-line summary

AI breakdown

Analyzed Oct 4, 2026

Where this case stands

  1. Family Court: the custody petition.

  2. This decision · Appeal

    (the man's appeal is dismissed)

TL;DR

  1. 1The man appealed a Family Court decision that his custody petition.
  2. 2The the appeal without costs.
  3. 3They found no merit in the man's arguments against the dismissal.

Key issues

  1. 1

    Did the Family Court properly dismiss the petition?

    Holding · Yes, the agreed that the dismissal was correct due to lack of merit.

Why it matters

This decision affects the custody rights of parents involved and reinforces the standards for petitioning the court.

The AI breakdown is a reading aid, not legal advice. Always check the opinion for the exact wording.

If you were the judge?

Man appeals Family Court's decision to dismiss his petition against the mother of his child

  1. 1A man filed a petition seeking a change in custody arrangements for his child in Family Court.
  2. 2The Family Court dismissed the petition, stating it didn’t provide enough reasons or evidence to support his claims.
  3. 3The man is now appealing the court's decision, hoping to get the chance to prove he deserves a different custody arrangement.

Did the Family Court make the right call by dismissing the man's 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 05635 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. 3.) Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department Decided on October 2, 2026 606 CAF 25-00384 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 December 19, 2024, 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. Same memorandum as in Matter of Pine v Kirk ([appeal No. 1] — AD3d — [Oct. 2, 2026] [4th Dept 2026]). Entered: October 2, 2026 Ann Dillon Flynn Clerk of the Court
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