Levin v. Levin

Appellate Division of the Supreme Court of New York

Levin v. Levin

32 A.D.2d 933, 303 N.Y.S.2d 1003, 1969 N.Y. App. Div. LEXIS 3408

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

DecidedJuly 7, 1969

StatusPublished

This text of 32 A.D.2d 933 (Levin v. Levin) 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

Levin v. Levin, 32 A.D.2d 933, 303 N.Y.S.2d 1003, 1969 N.Y. App. Div. LEXIS 3408 (N.Y. Ct. App. 1969).

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Opinion

In a support proceeding, petitioner appeals from an order of the Family Court, made in New York 'County on August 22, 1968 and entered in Queens County. In addition, we have reviewed a further order of said court dated ¡September 30, 1968 and made on reargument, which amended said order of August 22, 1968 ('CPLR 5517, subd. [b]). Motion by respondent, made on the calendar call, to transfer the appeal to the Appellate Division, First Department, denied. Order of August 22, 1968, modified, on the law, by striking from the ninth and tenth decretal paragraphs thereof the word "petitioner”. As so modified, order of August 22, 1968, as amended by the order of 'September 30, 1968, affirmed, without costs. The findings of fact below in support of the provisions in which petitioner was directed to submit to psychiatric examinations have not been affirmed. Since the proceeding was for support only, petitioner should not have been directed to appear for psychiatric examinations. Christ, Acting P. J., Brennan, Rabin, Benjamin and Martuseello,' JJ., concur.

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In a support proceeding, petitioner appeals from an order of the Family Court, made in New York 'County on August 22, 1968 and entered in Queens County. In addition, we have reviewed a further order of said court dated ¡September 30, 1968 and made on reargument, which amended said order of August 22, 1968 ('CPLR 5517, subd. [b]). Motion by respondent, made on the calendar call, to transfer the appeal to the Appellate Division, First Department, denied. Order of August 22, 1968, modified, on the law, by striking from the ninth and tenth decretal paragraphs thereof the word "petitioner”. As so modified, order of August 22, 1968, as amended by the order of 'September 30, 1968, affirmed, without costs. The findings of fact below in support of the provisions in which petitioner was directed to submit to psychiatric examinations have not been affirmed. Since the proceeding was for support only, petitioner should not have been directed to appear for psychiatric examinations. Christ, Acting P. J., Brennan, Rabin, Benjamin and Martuseello,' JJ., concur.

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Bluebook (online)

32 A.D.2d 933, 303 N.Y.S.2d 1003, 1969 N.Y. App. Div. LEXIS 3408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levin-v-levin-nyappdiv-1969.