Langdon v. Stephen

Appellate Division of the Supreme Court of New York

Langdon v. Stephen

212 A.D.2d 1066, 624 N.Y.S.2d 1017, 1995 N.Y. App. Div. LEXIS 2054

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

DecidedFebruary 3, 1995

StatusPublished

Cited by1 cases

This text of 212 A.D.2d 1066 (Langdon v. Stephen) 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

Langdon v. Stephen, 212 A.D.2d 1066, 624 N.Y.S.2d 1017, 1995 N.Y. App. Div. LEXIS 2054 (N.Y. Ct. App. 1995).

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Opinion

—Order unanimously reversed on the law without costs and matter remitted to Cattaraugus County Family Court for further proceedings in accordance with the following Memorandum: Family Court abused its discretion in denying the petition for visitation without conducting a hearing (see, Matter of Fura v Seddon, 176 AD2d 1244, 1245; Matter of Elizabeth B., 127 AD2d 971; De Pinto v Be Pinto, 98 AD2d 985) and in peremptorily precluding petitioner from filing a subsequent petition for visitation with his sons while he remains incarcerated (see, Reese v Reese, 130 AD2d 973). The matter is remitted to Cattaraugus County Family Court for a hearing before a different Judge. (Appeal from Order of Cattaraugus County Family Court, Nenno, J.—Visitation.) Present—Pine, J. P., Fallon, Wesley, Balio and Boehm, JJ.

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—Order unanimously reversed on the law without costs and matter remitted to Cattaraugus County Family Court for further proceedings in accordance with the following Memorandum: Family Court abused its discretion in denying the petition for visitation without conducting a hearing (see, Matter of Fura v Seddon, 176 AD2d 1244, 1245; Matter of Elizabeth B., 127 AD2d 971; De Pinto v Be Pinto, 98 AD2d 985) and in peremptorily precluding petitioner from filing a subsequent petition for visitation with his sons while he remains incarcerated (see, Reese v Reese, 130 AD2d 973). The matter is remitted to Cattaraugus County Family Court for a hearing before a different Judge. (Appeal from Order of Cattaraugus County Family Court, Nenno, J.—Visitation.) Present—Pine, J. P., Fallon, Wesley, Balio and Boehm, JJ.

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Bluebook (online)

212 A.D.2d 1066, 624 N.Y.S.2d 1017, 1995 N.Y. App. Div. LEXIS 2054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/langdon-v-stephen-nyappdiv-1995.

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