Levine v. Levine

Appellate Division of the Supreme Court of New York

Levine v. Levine

44 A.D.2d 700, 355 N.Y.S.2d 565, 1974 N.Y. App. Div. LEXIS 5250

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

DecidedApril 15, 1974

StatusPublished

This text of 44 A.D.2d 700 (Levine v. Levine) 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

Levine v. Levine, 44 A.D.2d 700, 355 N.Y.S.2d 565, 1974 N.Y. App. Div. LEXIS 5250 (N.Y. Ct. App. 1974).

Pincite

Opinion

In an action in which defendant was granted a divorce, upon a counterclaim, by a judgment of the Supreme Court, Kings County, dated May 6, 1970 and amended by an order dated July 1, 1970, plaintiff appeals from an order of the same court, dated March 8, 1971, which denied his cross motion to obtain “ liberal visitation rights ” of the parties’ child. Order affirmed, without costs. No opinion. On this court’s own motion, the ease is remanded to Special Term for a hearing and a new determination on the issue whether plaintiff should be granted visitation rights and, if so, on the question of the fixing of such rights. Since three years have elapsed since plaintiff’s cross motion for visitation rights was denied, it cannot be determined whether denial to plaintiff of visitation with his child should be continued in the absence of an up-to-date hearing and determination of this issue. Hopkins, Acting P. J.,

Latham, Christ, Brennan and Benjamin, JJ., concur.

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In an action in which defendant was granted a divorce, upon a counterclaim, by a judgment of the Supreme Court, Kings County, dated May 6, 1970 and amended by an order dated July 1, 1970, plaintiff appeals from an order of the same court, dated March 8, 1971, which denied his cross motion to obtain “ liberal visitation rights ” of the parties’ child. Order affirmed, without costs. No opinion. On this court’s own motion, the ease is remanded to Special Term for a hearing and a new determination on the issue whether plaintiff should be granted visitation rights and, if so, on the question of the fixing of such rights. Since three years have elapsed since plaintiff’s cross motion for visitation rights was denied, it cannot be determined whether denial to plaintiff of visitation with his child should be continued in the absence of an up-to-date hearing and determination of this issue. Hopkins, Acting P. J.,

Latham, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

44 A.D.2d 700, 355 N.Y.S.2d 565, 1974 N.Y. App. Div. LEXIS 5250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levine-v-levine-nyappdiv-1974.