Gelrod v. Levine

Appellate Division of the Supreme Court of New York

Gelrod v. Levine

24 A.D.2d 756, 263 N.Y.S.2d 795, 1965 N.Y. App. Div. LEXIS 3139

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

DecidedOctober 28, 1965

StatusPublished

This text of 24 A.D.2d 756 (Gelrod v. Levine) 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

Gelrod v. Levine, 24 A.D.2d 756, 263 N.Y.S.2d 795, 1965 N.Y. App. Div. LEXIS 3139 (N.Y. Ct. App. 1965).

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Opinion

Order, entered on June 30, 1965, unanimously reversed, on the law, and on the facts, without costs and without disbursements, and the matter remanded for a hearing. We do not find it necessary to pass on the legal sufficiency of the original petition under section 461 of the Family Court Act since no objection was raised by either party to the proceeding under section 423 of the Family Court Act. It is not possible to review the award of $1,800 for the Summer camp since no record has been made. There was no proof before the court at the time the order was made. The requirement of a hearing is not met by colloquy between court and counsel. (Matter of Schwartz v. Schwartz, 23 A D 2d 204.) The right to a trial of the issues involves due process (New York Life Ins. Co. v. Guttag Corp., 265 N. Y. 292, 297) and may not be infringed despite a congested calendar. Concur — Rabin, J. P., Valente, McNally, Stevens and Steuer, JJ.

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Order, entered on June 30, 1965, unanimously reversed, on the law, and on the facts, without costs and without disbursements, and the matter remanded for a hearing. We do not find it necessary to pass on the legal sufficiency of the original petition under section 461 of the Family Court Act since no objection was raised by either party to the proceeding under section 423 of the Family Court Act. It is not possible to review the award of $1,800 for the Summer camp since no record has been made. There was no proof before the court at the time the order was made. The requirement of a hearing is not met by colloquy between court and counsel. (Matter of Schwartz v. Schwartz, 23 A D 2d 204.) The right to a trial of the issues involves due process (New York Life Ins. Co. v. Guttag Corp., 265 N. Y. 292, 297) and may not be infringed despite a congested calendar. Concur — Rabin, J. P., Valente, McNally, Stevens and Steuer, JJ.

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Bluebook (online)

24 A.D.2d 756, 263 N.Y.S.2d 795, 1965 N.Y. App. Div. LEXIS 3139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gelrod-v-levine-nyappdiv-1965.

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