IN RE: CARL MARTIN (2026)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: CARL MARTIN, PETITIONER-APPELLANT, v. CHELSEA MARTIN, RESPONDENT-RESPONDENT.

346 Decided: May 01, 2026

PRESENT: WHALEN, P.J., CURRAN, OGDEN, NOWAK, AND DELCONTE, JJ.

THOMAS L. PELYCH, HORNELL, FOR PETITIONER-APPELLANT. VERA A. VENKOVA, WILLIAMSVILLE, ATTORNEY FOR THE CHILDREN.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: We conclude that petitioner father's appeal in this Family Court Act article 6 custody modification proceeding must be dismissed. Inasmuch as the father received the substantive relief requested in his petition for modification of a prior custody order, including the equal parenting time he specified, the father is not an aggrieved party (see CPLR 5511; Matter of Jefferson County Dept. of Social Servs. v Mark L.O., 12 AD3d 1037, 1038 [4th Dept 2004], lv dismissed 4 NY3d 794 [2005]; see also Matter of Cooper v Cooper, 74 AD3d 1868, 1869 [4th Dept 2010]).

Entered: May 1, 2026

Ann Dillon Flynn

Clerk of the Court

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