Garcia v. Monmany

Appellate Division of the Supreme Court of New York

Garcia v. Monmany

82 A.D.2d 846, 441 N.Y.S.2d 981, 1981 N.Y. App. Div. LEXIS 14532

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

DecidedJune 15, 1981

StatusPublished

This text of 82 A.D.2d 846 (Garcia v. Monmany) 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

Garcia v. Monmany, 82 A.D.2d 846, 441 N.Y.S.2d 981, 1981 N.Y. App. Div. LEXIS 14532 (N.Y. Ct. App. 1981).

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Opinion

— In a proceeding pursuant to section 240 of the Domestic Relations Law to grant petitioner sole custody of the parties’ infant daughter, petitioner appeals from an order of the Supreme Court, Nassau County (Smith, J.), entered March 20, 1981, which denied his application without a hearing. Appeal held in abeyance and matter remitted to Special Term to hear and report on the issues raised. The hearing should proceed with all convenient speed since the custody of a child is involved. Absent a hearing, there are insufficient facts in the record, which consists solely of controverted affidavits, to enable us to make an informed determination. A full and comprehensive hearing should be held to determine the best interests of the child (see Avella v Avella, 74 AD2d 592; Wood v Wood, 73 AD2d 963). Damiani, J. P., Titone, Mangano and Gibbons, JJ., concur.

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— In a proceeding pursuant to section 240 of the Domestic Relations Law to grant petitioner sole custody of the parties’ infant daughter, petitioner appeals from an order of the Supreme Court, Nassau County (Smith, J.), entered March 20, 1981, which denied his application without a hearing. Appeal held in abeyance and matter remitted to Special Term to hear and report on the issues raised. The hearing should proceed with all convenient speed since the custody of a child is involved. Absent a hearing, there are insufficient facts in the record, which consists solely of controverted affidavits, to enable us to make an informed determination. A full and comprehensive hearing should be held to determine the best interests of the child (see Avella v Avella, 74 AD2d 592; Wood v Wood, 73 AD2d 963). Damiani, J. P., Titone, Mangano and Gibbons, JJ., concur.

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Bluebook (online)

82 A.D.2d 846, 441 N.Y.S.2d 981, 1981 N.Y. App. Div. LEXIS 14532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-monmany-nyappdiv-1981.

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