Martusewicz v. Martusewicz

Appellate Division of the Supreme Court of New York

Martusewicz v. Martusewicz

245 A.D.2d 1131, 667 N.Y.S.2d 326, 1997 N.Y. App. Div. LEXIS 13960

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

DecidedDecember 31, 1997

StatusPublished

This text of 245 A.D.2d 1131 (Martusewicz v. Martusewicz) 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

Martusewicz v. Martusewicz, 245 A.D.2d 1131, 667 N.Y.S.2d 326, 1997 N.Y. App. Div. LEXIS 13960 (N.Y. Ct. App. 1997).

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Opinion

—Judgment unanimously affirmed with costs. Memorandum: We reject plaintiffs contention that Supreme Court’s amendment of the judgment of divorce is inconsistent with this Court’s prior decision and order modifying the original judgment of divorce (Martusewicz v Martusewicz, 217 AD2d 926, lv denied sub nom. Martusewicz v Duque, 88 NY2d 801). The amendment incorporates this Court’s prior direction that the judgment be modified to grant plaintiff alternating bi-weekly visitation with the children during their summer recess from school. We further conclude that the imposition of sanctions for frivolous conduct is not warranted at this time. (Appeal from Judgment of Supreme Court, Jefferson County, Parker, J.—Visitation.) Present—Denman, P. J., Green, Pine, Balio and Fallon, JJ.

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—Judgment unanimously affirmed with costs. Memorandum: We reject plaintiffs contention that Supreme Court’s amendment of the judgment of divorce is inconsistent with this Court’s prior decision and order modifying the original judgment of divorce (Martusewicz v Martusewicz, 217 AD2d 926, lv denied sub nom. Martusewicz v Duque, 88 NY2d 801). The amendment incorporates this Court’s prior direction that the judgment be modified to grant plaintiff alternating bi-weekly visitation with the children during their summer recess from school. We further conclude that the imposition of sanctions for frivolous conduct is not warranted at this time. (Appeal from Judgment of Supreme Court, Jefferson County, Parker, J.—Visitation.) Present—Denman, P. J., Green, Pine, Balio and Fallon, JJ.

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Bluebook (online)

245 A.D.2d 1131, 667 N.Y.S.2d 326, 1997 N.Y. App. Div. LEXIS 13960, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martusewicz-v-martusewicz-nyappdiv-1997.

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