Grzegorczak v. Grzegorczak

Appellate Division of the Supreme Court of New York

Grzegorczak v. Grzegorczak

127 A.D.2d 980, 513 N.Y.S.2d 52, 1987 N.Y. App. Div. LEXIS 43472

Appellate Division of the Supreme Court of the State of New York·Decided February 27, 1987·Published·Cited by 1 cases

Opinion

Order unanimously reversed on the law without costs and petition dismissed. Memorandum: The court erred in modifying the visitation terms of the divorce decree. The court did this without holding any evidentiary hearing showing the need Or the reasons for such modification, nor were any affidavits submitted by the parties in support of or in opposition to any modification. Most importantly, it does not appear on the record that either party moved for a change in the visitation privilege. (Appeal from order of Supreme Court, Erie County, Francis J. — temporary visitation.) Present —Doerr, J. P., Boomer, Pine, Balio and Davis, JJ.

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Order unanimously reversed on the law without costs and petition dismissed. Memorandum: The court erred in modifying the visitation terms of the divorce decree. The court did this without holding any evidentiary hearing showing the need Or the reasons for such modification, nor were any affidavits submitted by the parties in support of or in opposition to any modification. Most importantly, it does not appear on the record that either party moved for a change in the visitation privilege. (Appeal from order of Supreme Court, Erie County, Francis J. — temporary visitation.) Present —Doerr, J. P., Boomer, Pine, Balio and Davis, JJ.

Grzegorczak v. Grzegorczak, 127 A.D.2d 980, 513 N.Y.S.2d 52, 1987 N.Y. App. Div. LEXIS 43472 (N.Y. Ct. App. 1987).

Pincite

127 A.D.2d 980 (Grzegorczak v. Grzegorczak) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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