Alberry v. Alberry

Appellate Division of the Supreme Court of New York

Alberry v. Alberry

251 A.D.2d 1080, 675 N.Y.S.2d 575, 1998 N.Y. App. Div. LEXIS 7193

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 10, 1998

StatusPublished

Cited by1 cases

This text of 251 A.D.2d 1080 (Alberry v. Alberry) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Alberry v. Alberry, 251 A.D.2d 1080, 675 N.Y.S.2d 575, 1998 N.Y. App. Div. LEXIS 7193 (N.Y. Ct. App. 1998).

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Opinion

—Order unanimously affirmed without costs. Memorandum: Family Court had the authority to grant petitioner father sole custody of the parties’ child even though petitioner had voluntarily withdrawn his petition for such relief; respondent mother had cross-petitioned for sole custody and thus the issue was properly before the court (see, CPLR 3017 [a]; Matter of Hermans v Hermans, 74 NY2d 876, 878). The court’s award of sole custody to petitioner has a sound and substantial basis in the record (see, Matter of Hilliard v Peroni, 245 AD2d 1107). (Appeal from Order of Jefferson County Family Court, Schwerzmann, J. — Custody.) Present — Green, J. P., Lawton, Pigott, Jr., Callahan and Balio, JJ.

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—Order unanimously affirmed without costs. Memorandum: Family Court had the authority to grant petitioner father sole custody of the parties’ child even though petitioner had voluntarily withdrawn his petition for such relief; respondent mother had cross-petitioned for sole custody and thus the issue was properly before the court (see, CPLR 3017 [a]; Matter of Hermans v Hermans, 74 NY2d 876, 878). The court’s award of sole custody to petitioner has a sound and substantial basis in the record (see, Matter of Hilliard v Peroni, 245 AD2d 1107). (Appeal from Order of Jefferson County Family Court, Schwerzmann, J. — Custody.) Present — Green, J. P., Lawton, Pigott, Jr., Callahan and Balio, JJ.

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Bluebook (online)

251 A.D.2d 1080, 675 N.Y.S.2d 575, 1998 N.Y. App. Div. LEXIS 7193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alberry-v-alberry-nyappdiv-1998.

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