An Article 8 Petition Cannot be Conformed to the Proof at Trial

by: Mace H. Greenfield

A Family Court cannot predicate it’s finding that a respondent committed acts that constitute a family offense upon facts that were not alleged in the verified petition. Felicia W. v. Chandler C., 9 A.D.3d 830, 779 N.Y.S.2d 377 (4th Dept., 2004); Cavanaugh v. Madden, 298 A.D.2d 390, 751 N.Y.S.2d 229 (2d Dept., 2002); Whittemore v. Lloyd, 266 A.D.2d 305, 698 N.Y.S.2d 275 (2d Dept., 1999).