| Matter of Warrior v Beatman |
| 2010 NY Slip Op 09759 [79 AD3d 1770] |
| December 30, 2010 |
| Appellate Division, Fourth Department |
| In the Matter of Norma Warrior, Appellant, v Robert E. Beatman,Sr., Respondent. |
—[*1] Timothy Patrick Murphy, Williamsville, for respondent-respondent. Steven J. Lord, Attorney for the Child, Arcade, for Robert B., Jr.
Appeal from an order of the Family Court, Cattaraugus County (Michael L. Nenno, J.),entered December 21, 2009 in a proceeding pursuant to Family Court Act article 6. The orderdismissed the petition.
It is hereby ordered that the order so appealed from is unanimously reversed on the lawwithout costs, the petition is reinstated and the matter is remitted to Family Court, CattaraugusCounty, for a hearing on the petition.
Memorandum: Petitioner mother appeals from an order dismissing her petition alleging thatrespondent father had violated a prior order that, inter alia, awarded custody of the parties' childto the father and established a visitation schedule for the mother. The mother contends thatFamily Court was biased against her, as evidenced by certain statements made by the court. Wereject that contention. The statement of the court that the violation petition in question was the11th petition filed by the mother during a seven-year period and its observation that the mother'slatest modification petition was then pending on appeal does not reflect bias on the part of thecourt (see generally Matter of Roystar T.[Samarian B.], 72 AD3d 1569 [2010], lv denied 15 NY3d 707 [2010]).We agree with the mother, however, that the court erred in dismissing the petition withoutconducting a hearing inasmuch as the petition alleges sufficient factual and legal grounds toestablish a violation of the prior order (see Matter of Lisa B.I. v Carl D.I., 46 AD3d 1451 [2007]). Wetherefore reverse the order, reinstate the petition and remit the matter to Family Court for ahearing on the petition. Present—Smith, J.P., Peradotto, Carni, Lindley and Sconiers, JJ.