Back to feedAnalyzed Oct 4, 2026 View on CourtListener
(the remains in effect)CivilCourt of AppealsAppeal
Matter of Roth v. Roth
- Court
- Appellate Division of the Supreme Court of the State of New York
- Decided
- Oct 2, 2026
- Docket
- 603 CAF 24-01635
- Judges
- Not listed
Cited as2026 NY Slip Op 05633
Detailed analysis & 3-line summary
AI breakdown
Where this case stands
Family Court: granted petitioner sole custody of the subject children.
This decision · Appeal
(the remains in effect)
TL;DR
- 1A custody dispute was brought to the Family Court, where a woman sought sole custody of her children.
- 2The father appealed the issued by the Family Court.
- 3Both parties reached a stipulation to dismiss the appeals, allowing the original order to remain in effect.
Key issues
- 1
Should the court uphold the Family Court's ?
Holding · The court decided to dismiss the appeals based on an agreement between the parties.
Why it matters
This decision affects the custody arrangement for the children involved in the case.
If you were the judge?
A custody battle for children ends with appeals filed.
- 1A woman filed for custody of her children in Family Court, seeking to make decisions about their upbringing.
- 2The father of the children appealed the decision, challenging the custody order made by the court.
- 3The appeals have now been dismissed after both sides reached a mutual agreement.
Should the court support the custody decision made by Family Court?
Parties
Appellant
Matter of Roth
Appellee
Roth
Roles are inferred from the case caption.
Opinion of the court
Matter of Roth v Roth
2026 NY Slip Op 05633
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 JESSICA ROTH, PETITIONER-RESPONDENT,
v
ERIC ROTH, RESPONDENT-APPELLANT. ------------------------------------------------- KELLY M. CICCONE, ESQ., ATTORNEY FOR THE CHILDREN, APPELLANT.
Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department
Decided on October 2, 2026
603 CAF 24-01635
Present: Bannister, J.P., Montour, Greenwood, Nowak, And Hannah, JJ.
JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (JAMES A. HOBBS OF COUNSEL), FOR RESPONDENT-APPELLANT.
KELLY M. CICCONE, ROCHESTER, ATTORNEY FOR THE CHILDREN, APPELLANT PRO SE.
CHELSEA L. PALMISANO, ACTING CONFLICT DEFENDER, ROCHESTER (KATHLEEN P. REARDON OF COUNSEL), FOR PETITIONER-RESPONDENT.
Appeals from an order of the Family Court, Monroe County (Kristin F. Splain, R.), entered September 20, 2024, in a proceeding pursuant to Family Court Act article 6. The order, among other things, granted petitioner sole custody of the subject children.
[*1]
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on August 28 and 31, 2026, and September 1, 2026,
It is hereby ORDERED that said appeals are unanimously dismissed without costs upon stipulation.
Entered: October 2, 2026
Ann Dillon Flynn
Clerk of the Court