De Cesare v. De Cesare

Appellate Division of the Supreme Court of New York

De Cesare v. De Cesare

83 A.D.2d 614, 441 N.Y.S.2d 813, 1981 N.Y. App. Div. LEXIS 14902

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

DecidedJuly 20, 1981

StatusPublished

Cited by1 cases

This text of 83 A.D.2d 614 (De Cesare v. De Cesare) 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

De Cesare v. De Cesare, 83 A.D.2d 614, 441 N.Y.S.2d 813, 1981 N.Y. App. Div. LEXIS 14902 (N.Y. Ct. App. 1981).

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Opinion

The parties cross-appeal from an order of the Family Court, Westchester County (Coppola, J.), entered April 21, 1980, which, after a hearing, inter alia, denied the father’s application for a change of custody. Case remitted to the Family Court, Westchester County, for a hearing consistent herewith, to be held with all convenient speed, and appeal held in abeyance in the interim. As a result of the lengthy delay between the time of the hearing conducted by the Family Court and the present time, and the unusual circumstances involved in the instant matter, we find that a further hearing is warranted to supplement the current record. The hearing should be limited to events occurring subsequent to the conclusion of the prior hearing (Dec., 1979), which are relevant to the change of custody application. The Family Court should be careful to prevent a rehashing of the present record, and is directed to report on recent circumstances, especially those which affect the fitness of either parent. The present Law Guardian of the children, appointed by this court’s order dated April 13, 1981, shall continue his representation during this hearing. Gulotta, J.P., Cohalan, O’Connor and Thompson, JJ., concur.

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The parties cross-appeal from an order of the Family Court, Westchester County (Coppola, J.), entered April 21, 1980, which, after a hearing, inter alia, denied the father’s application for a change of custody. Case remitted to the Family Court, Westchester County, for a hearing consistent herewith, to be held with all convenient speed, and appeal held in abeyance in the interim. As a result of the lengthy delay between the time of the hearing conducted by the Family Court and the present time, and the unusual circumstances involved in the instant matter, we find that a further hearing is warranted to supplement the current record. The hearing should be limited to events occurring subsequent to the conclusion of the prior hearing (Dec., 1979), which are relevant to the change of custody application. The Family Court should be careful to prevent a rehashing of the present record, and is directed to report on recent circumstances, especially those which affect the fitness of either parent. The present Law Guardian of the children, appointed by this court’s order dated April 13, 1981, shall continue his representation during this hearing. Gulotta, J.P., Cohalan, O’Connor and Thompson, JJ., concur.

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Bluebook (online)

83 A.D.2d 614, 441 N.Y.S.2d 813, 1981 N.Y. App. Div. LEXIS 14902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-cesare-v-de-cesare-nyappdiv-1981.

Opinion

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