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

Appellate Division of the Supreme Court of the State of New York·Decided June 10, 1998·Published·Cited by 1 cases

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had the authority to grant petitioner father sole custody of the parties’ child even though petitioner had voluntarily withdrawn his petition for such relief; respondent mother had cross-petitioned for sole custody and thus the issue was properly before the court (see, CPLR 3017 [a];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had the authority to grant petitioner father sole custody of the parties’ child even though petitioner had voluntarily withdrawn his petition for such relief; respondent mother had cross-petitioned for sole custody and thus the issue was properly before the court (see, CPLR 3017 [a];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.

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

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