Lazar v. Lazar

Appellate Division of the Supreme Court of New York

Lazar v. Lazar

28 A.D.2d 991, 283 N.Y.S.2d 716, 1967 N.Y. App. Div. LEXIS 3240

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

DecidedOctober 24, 1967

StatusPublished

This text of 28 A.D.2d 991 (Lazar v. Lazar) 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

Lazar v. Lazar, 28 A.D.2d 991, 283 N.Y.S.2d 716, 1967 N.Y. App. Div. LEXIS 3240 (N.Y. Ct. App. 1967).

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Opinion

Concur — Stevens, J. P., Steuer, Tilzer and Rabin, JJ.; McGrivern, J., dissents in the following memorandum: I cannot yield my assent to a suggestion that we give our approval to the taking away of custody from a mother, not sufficiently demonstrated to be guilty of maternal unfitness or neglect, and transfer custody to a father, who himself has a psychiatric history, and who now is living in a legally unhallowed relationship with another woman. I would leave custody in the mother, with more amplified visitation rights to the father. Further, I would increase the allowance of appellant’s counsel to the sum of $1,500, in view of their extensive services in this bitterly contested proceeding, which is the sum respondent admits he paid his attorney, for the services rendered by him on the hearing below.

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Concur — Stevens, J. P., Steuer, Tilzer and Rabin, JJ.; McGrivern, J., dissents in the following memorandum: I cannot yield my assent to a suggestion that we give our approval to the taking away of custody from a mother, not sufficiently demonstrated to be guilty of maternal unfitness or neglect, and transfer custody to a father, who himself has a psychiatric history, and who now is living in a legally unhallowed relationship with another woman. I would leave custody in the mother, with more amplified visitation rights to the father. Further, I would increase the allowance of appellant’s counsel to the sum of $1,500, in view of their extensive services in this bitterly contested proceeding, which is the sum respondent admits he paid his attorney, for the services rendered by him on the hearing below.

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Bluebook (online)

28 A.D.2d 991, 283 N.Y.S.2d 716, 1967 N.Y. App. Div. LEXIS 3240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lazar-v-lazar-nyappdiv-1967.