Daniels v. Daniels

Appellate Division of the Supreme Court of New York

Daniels v. Daniels

67 A.D.2d 675, 411 N.Y.S.2d 1015, 1979 N.Y. App. Div. LEXIS 10260

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

DecidedJanuary 15, 1979

StatusPublished

This text of 67 A.D.2d 675 (Daniels v. Daniels) 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

Daniels v. Daniels, 67 A.D.2d 675, 411 N.Y.S.2d 1015, 1979 N.Y. App. Div. LEXIS 10260 (N.Y. Ct. App. 1979).

Pincite

Opinion

In an action in which the plaintiff was granted a judgment of divorce, defendant appeals from an order of the Supreme Court, Queens County, dated December 8, 1977, which granted plaintiff’s motion to delete the child support provision thereof. Order reversed, without costs or disbursements, and matter remanded to Special Term for a hearing on the question of the service of the order to show cause by which this motion was initiated. Although we are reversing the order under review because the defendant has raised the procedural questions of improper service and the lack of jurisdiction of Special Term to act without a hearing first being held with respect thereto, there would seem to be no substance to the defendant’s position on the merits since the child of the marriage is now emancipated. O’Connor, J. P., Shapiro, Cohalan and Hargett, JJ., concur.

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In an action in which the plaintiff was granted a judgment of divorce, defendant appeals from an order of the Supreme Court, Queens County, dated December 8, 1977, which granted plaintiff’s motion to delete the child support provision thereof. Order reversed, without costs or disbursements, and matter remanded to Special Term for a hearing on the question of the service of the order to show cause by which this motion was initiated. Although we are reversing the order under review because the defendant has raised the procedural questions of improper service and the lack of jurisdiction of Special Term to act without a hearing first being held with respect thereto, there would seem to be no substance to the defendant’s position on the merits since the child of the marriage is now emancipated. O’Connor, J. P., Shapiro, Cohalan and Hargett, JJ., concur.

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Bluebook (online)

67 A.D.2d 675, 411 N.Y.S.2d 1015, 1979 N.Y. App. Div. LEXIS 10260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniels-v-daniels-nyappdiv-1979.