Acquard v. Acquard

Appellate Division of the Supreme Court of New York

Acquard v. Acquard

244 A.D.2d 1010, 666 N.Y.S.2d 57, 1997 N.Y. App. Div. LEXIS 12495

Appellate Division of the Supreme Court of the State of New York·Decided November 19, 1997·Published·Cited by 6 cases

Opinion

—Motion for leave to appeal and for a stay denied. Memorandum: Contrary to the statement of Family Court, it is well settled that, absent extraordinary or exigent circumstances, temporary custody should not be transferred without an evidentiary hearing in a proceeding in which there are controverted allegations (see, Kronenberger v Kronenberger, 204 AD2d 1059; see also, Hizme v Hizme, 212 AD2d 580). The transcript of the in camera interview supports the court’s implicit finding of exigent cir[1011]*1011cumstances in this case. Present—Pine, J. P., Lawton, Callahan, Doerr and Balio, JJ. (Filed Oct. 31, 1997.)

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—Motion for leave to appeal and for a stay denied. Memorandum: Contrary to the statement of Family Court, it is well settled that, absent extraordinary or exigent circumstances, temporary custody should not be transferred without an evidentiary hearing in a proceeding in which there are controverted allegations (see, Kronenberger v Kronenberger, 204 AD2d 1059; see also, Hizme v Hizme, 212 AD2d 580). The transcript of the in camera interview supports the court’s implicit finding of exigent cir[1011]*1011cumstances in this case. Present—Pine, J. P., Lawton, Callahan, Doerr and Balio, JJ. (Filed Oct. 31, 1997.)

Acquard v. Acquard, 244 A.D.2d 1010, 666 N.Y.S.2d 57, 1997 N.Y. App. Div. LEXIS 12495 (N.Y. Ct. App. 1997).

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Opinion

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