Berg v. Berg

Appellate Division of the Supreme Court of New York

Berg v. Berg

48 A.D.2d 873, 372 N.Y.S.2d 967, 1975 N.Y. App. Div. LEXIS 10113

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

DecidedJune 16, 1975

StatusPublished

Cited by1 cases

This text of 48 A.D.2d 873 (Berg v. Berg) 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.

Bluebook

Berg v. Berg, 48 A.D.2d 873, 372 N.Y.S.2d 967, 1975 N.Y. App. Div. LEXIS 10113 (N.Y. Ct. App. 1975).

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Opinion

In a support proceeding pursuant to article 4 of the Family Court Act, the appeal, as limited by appellant’s brief, is from so much of an order of the Family Court, Queens County, dated November 22, 1974, as directed him to deposit a $1,000 cash bond or, in the event of his failure to comply, directed that he be incarcerated for a period of 30 days. The paper in appellant’s brief which is labeled "decision and order appealed from” is, in fact, only the decision of the Family Court. Order reversed insofar as appealed from, without costs, and proceeding remanded to the Family Court for a hearing in accordance herewith. In view of appellant’s allegations of drastically changed financial circumstances, "the Family Court acted improvidently in not holding a hearing as to appellant’s current financial situation and the needs of petitioner and the children for support” before it signed the order appealed from (Matter of Hunter v Hunter, 41 AD2d 772). Gulotta, P. J., Martuscello, Christ, Brennan and Shapiro, JJ., concur.

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In a support proceeding pursuant to article 4 of the Family Court Act, the appeal, as limited by appellant’s brief, is from so much of an order of the Family Court, Queens County, dated November 22, 1974, as directed him to deposit a $1,000 cash bond or, in the event of his failure to comply, directed that he be incarcerated for a period of 30 days. The paper in appellant’s brief which is labeled "decision and order appealed from” is, in fact, only the decision of the Family Court. Order reversed insofar as appealed from, without costs, and proceeding remanded to the Family Court for a hearing in accordance herewith. In view of appellant’s allegations of drastically changed financial circumstances, "the Family Court acted improvidently in not holding a hearing as to appellant’s current financial situation and the needs of petitioner and the children for support” before it signed the order appealed from (Matter of Hunter v Hunter, 41 AD2d 772). Gulotta, P. J., Martuscello, Christ, Brennan and Shapiro, JJ., concur.

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Bluebook (online)

48 A.D.2d 873, 372 N.Y.S.2d 967, 1975 N.Y. App. Div. LEXIS 10113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berg-v-berg-nyappdiv-1975.

Opinion

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