Marquesano v. Board of Education

New York Supreme Court

Marquesano v. Board of Education

19 Misc. 2d 136, 191 N.Y.S.2d 713, 1959 N.Y. Misc. LEXIS 3055

DecidedSeptember 9, 1959

StatusPublished

This text of 19 Misc. 2d 136 (Marquesano v. Board of Education) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Marquesano v. Board of Education, 19 Misc. 2d 136, 191 N.Y.S.2d 713, 1959 N.Y. Misc. LEXIS 3055 (N.Y. Super. Ct. 1959).

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Opinion

Saul S. Street, J.

Petitioner seeks to compel the Board of Education to provide him with the addresses of his two children who are in the custody of their mother so as to enable him to enforce his visitation rights. It appears that the wife moved from her last-known residence, leaving no forwarding address, and that petitioner has no knowledge concerning her present whereabouts. This proceeding was apparently commenced as a tracing method, although there is no evidence whatsoever that the children are actually within the City óf New York. To grant relief here would place an egregious burden upon the board which has no central alphabetical index and which supervises over 800 schools in the city. I cannot subject the board to such research, especially in the absence of any proof that its labors when completed would produce the information sought herein.

The motion is denied.

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Saul S. Street, J.

Petitioner seeks to compel the Board of Education to provide him with the addresses of his two children who are in the custody of their mother so as to enable him to enforce his visitation rights. It appears that the wife moved from her last-known residence, leaving no forwarding address, and that petitioner has no knowledge concerning her present whereabouts. This proceeding was apparently commenced as a tracing method, although there is no evidence whatsoever that the children are actually within the City óf New York. To grant relief here would place an egregious burden upon the board which has no central alphabetical index and which supervises over 800 schools in the city. I cannot subject the board to such research, especially in the absence of any proof that its labors when completed would produce the information sought herein.

The motion is denied.

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Bluebook (online)

19 Misc. 2d 136, 191 N.Y.S.2d 713, 1959 N.Y. Misc. LEXIS 3055, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marquesano-v-board-of-education-nysupct-1959.