Coffey v. Coffey

Appellate Division of the Supreme Court of New York

Coffey v. Coffey

31 A.D.2d 811, 297 N.Y.S.2d 891, 1969 N.Y. App. Div. LEXIS 4685

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

DecidedFebruary 3, 1969

StatusPublished

This text of 31 A.D.2d 811 (Coffey v. Coffey) 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

Coffey v. Coffey, 31 A.D.2d 811, 297 N.Y.S.2d 891, 1969 N.Y. App. Div. LEXIS 4685 (N.Y. Ct. App. 1969).

Pincite

Opinion

In an action for separation, the plaintiff wife appeals, as limited by her brief, from a portion of an order of the Supreme Court, Queens County, dated June 6, 1968. The order, on reargument, adhered to a previous decision of said court which granted plaintiff’s motion for temporary alimony, counsel fees and custody of the parties’ infant child. Her brief limits her appeal to so much of the determination as did not restrict to defendant himself his visitation with the child, including overnight visitation. Order modified, on the law and the facts, (1) by striking from the fifth ordering paragraph, which grants defendant visitation, the provision which permits part of the visitation to be had on one weekend in each calendar month and (2) by substituting therefor a provision that defendant may have visitation with the child on one Saturday and one Sunday in each calendar month, from 10:00 a.m. to 8:00 p.m., provided defendant shall give plaintiff one week’s advance notice of each Saturday and Sunday selected by him. As so modified, order affirmed insofar as appealed from, with $10 costs and disbursements to appellant. In our opinion, pending trial on all the issues, all visitation rights granted to defendant, apart from the two-week summer vacation period, should have been limited to the hours from 10:00 a.m. to 8:00 p.m. Christ, Acting P. J., Brennan, Hopkins, Benjamin and Martuseelló, JJ., concur.

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In an action for separation, the plaintiff wife appeals, as limited by her brief, from a portion of an order of the Supreme Court, Queens County, dated June 6, 1968. The order, on reargument, adhered to a previous decision of said court which granted plaintiff’s motion for temporary alimony, counsel fees and custody of the parties’ infant child. Her brief limits her appeal to so much of the determination as did not restrict to defendant himself his visitation with the child, including overnight visitation. Order modified, on the law and the facts, (1) by striking from the fifth ordering paragraph, which grants defendant visitation, the provision which permits part of the visitation to be had on one weekend in each calendar month and (2) by substituting therefor a provision that defendant may have visitation with the child on one Saturday and one Sunday in each calendar month, from 10:00 a.m. to 8:00 p.m., provided defendant shall give plaintiff one week’s advance notice of each Saturday and Sunday selected by him. As so modified, order affirmed insofar as appealed from, with $10 costs and disbursements to appellant. In our opinion, pending trial on all the issues, all visitation rights granted to defendant, apart from the two-week summer vacation period, should have been limited to the hours from 10:00 a.m. to 8:00 p.m. Christ, Acting P. J., Brennan, Hopkins, Benjamin and Martuseelló, JJ., concur.

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Bluebook (online)

31 A.D.2d 811, 297 N.Y.S.2d 891, 1969 N.Y. App. Div. LEXIS 4685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coffey-v-coffey-nyappdiv-1969.