Ferlo v. Ferlo

Appellate Division of the Supreme Court of New York

Ferlo v. Ferlo

84 A.D.2d 955, 446 N.Y.S.2d 704, 1981 N.Y. App. Div. LEXIS 16230

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

DecidedNovember 13, 1981

StatusPublished

Cited by1 cases

This text of 84 A.D.2d 955 (Ferlo v. Ferlo) 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

Ferlo v. Ferlo, 84 A.D.2d 955, 446 N.Y.S.2d 704, 1981 N.Y. App. Div. LEXIS 16230 (N.Y. Ct. App. 1981).

Pincite

Opinion

Order unanimously reversed, without costs, and matter remit[956]*956ted to Oneida County Family Court for further proceedings in accordance with the following memorandum: Family Court erred in summarily dismissing appellant’s petition pursuant to article 6 of the Family Court Act in which he sought custody of his infant son. The divorce decree of the parties specifically provided that “all further questions relating to support, visitation and custody, or modification or enforcement of this Decree are referred to Family Court”. Although there was a valid separation agreement, incorporated, but not merged, in the divorce decree, which awarded custody of the child to respondent, Family Court was not bound by its terms and its discretionary power remained unimpaired. The petition raised substantial questions of fact requiring a full hearing on the question of custody of the child (Matter of Braitsch v Braitsch, 52 AD2d 1073). (Appeal from order of Oneida County Family Court, Pomilio, J. — modify "divorce decree.) Present — Simons, J.P., Callahan, Denman, Moule and Schnepp, JJ.

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

Order unanimously reversed, without costs, and matter remit[956]*956ted to Oneida County Family Court for further proceedings in accordance with the following memorandum: Family Court erred in summarily dismissing appellant’s petition pursuant to article 6 of the Family Court Act in which he sought custody of his infant son. The divorce decree of the parties specifically provided that “all further questions relating to support, visitation and custody, or modification or enforcement of this Decree are referred to Family Court”. Although there was a valid separation agreement, incorporated, but not merged, in the divorce decree, which awarded custody of the child to respondent, Family Court was not bound by its terms and its discretionary power remained unimpaired. The petition raised substantial questions of fact requiring a full hearing on the question of custody of the child (Matter of Braitsch v Braitsch, 52 AD2d 1073). (Appeal from order of Oneida County Family Court, Pomilio, J. — modify "divorce decree.) Present — Simons, J.P., Callahan, Denman, Moule and Schnepp, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

84 A.D.2d 955, 446 N.Y.S.2d 704, 1981 N.Y. App. Div. LEXIS 16230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferlo-v-ferlo-nyappdiv-1981.

Opinion

Related

Cite This Page — Counsel Stack