Home/New York Court of Appeals/Corradino v. Corradino

Corradino v. Corradino

400 N.E.2d 1338, 48 N.Y.2d 894, 424 N.Y.S.2d 886, 1979 N.Y. LEXIS 2512
New York Court of Appeals·Decided December 11, 1979·Published·Cited by 27 cases

Opinion

OPINION OF THE COURT

Memorandum.

We affirm, with costs, for the reasons stated on the opinion of Mr. Presiding Justice A. Franklin Mahoney at the Appellate Division (64 AD2d 320). As the court said in Matter of Nehra v Uhlar (43 NY2d 242, 251), "Priority, not as an absolute but as a weighty factor, should, in the absence of extraordinary circumstances, be accorded to the first custody awarded in litigation or by voluntary agreement” (emphasis supplied).

We would also note that, because the attorney for the petitioner husband was associated with the same law firm as was the Trial Judge prior to her designation to the Bench, the respondent wife asked the Judge to recuse herself. That application was denied. Though there is no canon of judicial ethics which specifically requires disqualification under these circumstances, we believe it the better practice for the court to have disqualified itself and thus to maintain the appearance of impartiality.

[896] Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

Free access — add to your briefcase to read the full text and ask questions with AI

Corradino v. Corradino, 400 N.E.2d 1338, 48 N.Y.2d 894, 424 N.Y.S.2d 886, 1979 N.Y. LEXIS 2512 (N.Y. 1979).

400 N.E.2d 1338 (Corradino v. Corradino) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Roshia
2022 NY Slip Op 03546 (Appellate Division of the Supreme Court of New York, 2022)
People v. Lewis
165 Misc. 2d 814 (New York Supreme Court, 1995)
Aida G. v. Carlos P.
163 Misc. 2d 423 (NYC Family Court, 1994)
Matter of Murphy
626 N.E.2d 48 (New York Court of Appeals, 1993)
Murray v. National Broadcasting Co
178 A.D.2d 157 (Appellate Division of the Supreme Court of New York, 1991)
Agosh v. Town of Cicero Board of Assessment Review
150 Misc. 2d 756 (New York Supreme Court, 1991)
Grant v. Senkowski
146 A.D.2d 948 (Appellate Division of the Supreme Court of New York, 1989)
People v. Rieman
144 A.D.2d 110 (Appellate Division of the Supreme Court of New York, 1988)
Smith v. New York City Health & Hospitals Corp.
138 A.D.2d 267 (Appellate Division of the Supreme Court of New York, 1988)
People v. Moreno
516 N.E.2d 200 (New York Court of Appeals, 1987)
People v. Smith
120 A.D.2d 753 (Appellate Division of the Supreme Court of New York, 1986)
People v. Smith
468 N.E.2d 879 (New York Court of Appeals, 1984)
Lenny M. J. v. Luis V.
100 A.D.2d 514 (Appellate Division of the Supreme Court of New York, 1984)
Aldous v. Aldous
99 A.D.2d 197 (Appellate Division of the Supreme Court of New York, 1984)
Freiman v. Freiman
99 A.D.2d 765 (Appellate Division of the Supreme Court of New York, 1984)
Lopez v. Criminal Court
566 F. Supp. 792 (S.D. New York, 1983)
Eschbach v. Eschbach
436 N.E.2d 1260 (New York Court of Appeals, 1982)
Friederwitzer v. Friederwitzer
432 N.E.2d 765 (New York Court of Appeals, 1982)
Cook v. Lang
82 A.D.2d 905 (Appellate Division of the Supreme Court of New York, 1981)
Cummings v. Christensen
109 Misc. 2d 255 (NYC Family Court, 1981)