Hambelton v. Palmer

Appellate Division of the Supreme Court of New York

Hambelton v. Palmer

27 A.D.2d 978, 278 N.Y.S.2d 700, 1967 N.Y. App. Div. LEXIS 4482

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

DecidedApril 6, 1967

StatusPublished

Cited by2 cases

This text of 27 A.D.2d 978 (Hambelton v. Palmer) 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

Hambelton v. Palmer, 27 A.D.2d 978, 278 N.Y.S.2d 700, 1967 N.Y. App. Div. LEXIS 4482 (N.Y. Ct. App. 1967).

Pincite

Opinion

Order unanimously reversed and a new trial granted, without costs. Memorandum: This matter was hastily decided and not fully explored. There was no effort to ascertain the wishes and desires of the children involved. This does not necessarily mean that they should have been called as witnesses, but [979]*979they could have been interviewed by an appropriate agency and their desires made known to the court and the attorneys. (Gallaher v. Bencene, 27 A D 2d 690.) This estranged husband recorded telephone calls to his wife without letting her know of the recordations. In these calls he goaded her into making intemperate replies, obviously in preparation for an effort to avoid supporting his children. These activities are far from commendable. The proceeding should be retried before another Judge. (Appeal from order of Monroe County Family Court, canceling arrears of payments and reducing support payments to zero.) Present — Williams, P. J., Bastow, Goldman, Henry and Marsh, JJ.

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

Order unanimously reversed and a new trial granted, without costs. Memorandum: This matter was hastily decided and not fully explored. There was no effort to ascertain the wishes and desires of the children involved. This does not necessarily mean that they should have been called as witnesses, but [979]*979they could have been interviewed by an appropriate agency and their desires made known to the court and the attorneys. (Gallaher v. Bencene, 27 A D 2d 690.) This estranged husband recorded telephone calls to his wife without letting her know of the recordations. In these calls he goaded her into making intemperate replies, obviously in preparation for an effort to avoid supporting his children. These activities are far from commendable. The proceeding should be retried before another Judge. (Appeal from order of Monroe County Family Court, canceling arrears of payments and reducing support payments to zero.) Present — Williams, P. J., Bastow, Goldman, Henry and Marsh, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

27 A.D.2d 978, 278 N.Y.S.2d 700, 1967 N.Y. App. Div. LEXIS 4482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hambelton-v-palmer-nyappdiv-1967.

Opinion

Related

Cite This Page — Counsel Stack