Kelly v. Kelly

Appellate Division of the Supreme Court of New York

Kelly v. Kelly

11 A.D.2d 806, 204 N.Y.S.2d 940, 1960 N.Y. App. Div. LEXIS 8472

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

DecidedJuly 13, 1960

StatusPublished

This text of 11 A.D.2d 806 (Kelly v. Kelly) 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

Kelly v. Kelly, 11 A.D.2d 806, 204 N.Y.S.2d 940, 1960 N.Y. App. Div. LEXIS 8472 (N.Y. Ct. App. 1960).

Pincite

Opinion

Appeal by the defendant husband from so much of an order of the Supreme Court, Queens County, entered May 23, 1960, as denies his application to modify a judgment of separation of said court, dated February 15, 1955, by awarding him custody of the infant child of the marriage. Order affirmed, with $10 costs and disbursements. While we do not regard the application as one to change the custody of the child from the mother to the paternal grandparents, the evidence amply supports the finding and conclusion of the Special Term that the best interests of the child will be served by leaving the custody with the mother, under the safeguards provided. Nolan, P. J., Beldoek, Christ and Brennan, JJ., concur.

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Appeal by the defendant husband from so much of an order of the Supreme Court, Queens County, entered May 23, 1960, as denies his application to modify a judgment of separation of said court, dated February 15, 1955, by awarding him custody of the infant child of the marriage. Order affirmed, with $10 costs and disbursements. While we do not regard the application as one to change the custody of the child from the mother to the paternal grandparents, the evidence amply supports the finding and conclusion of the Special Term that the best interests of the child will be served by leaving the custody with the mother, under the safeguards provided. Nolan, P. J., Beldoek, Christ and Brennan, JJ., concur.

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Bluebook (online)

11 A.D.2d 806, 204 N.Y.S.2d 940, 1960 N.Y. App. Div. LEXIS 8472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-kelly-nyappdiv-1960.