McHugh v. McHugh

Appellate Division of the Supreme Court of New York

McHugh v. McHugh

94 A.D.2d 977, 463 N.Y.S.2d 742, 1983 N.Y. App. Div. LEXIS 18483

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

DecidedMay 25, 1983

StatusPublished

This text of 94 A.D.2d 977 (McHugh v. McHugh) 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

McHugh v. McHugh, 94 A.D.2d 977, 463 N.Y.S.2d 742, 1983 N.Y. App. Div. LEXIS 18483 (N.Y. Ct. App. 1983).

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Opinion

Order unanimously affirmed, without costs. Memorandum: Defendant wife appeals from an order at Special Term which awarded temporary custody of the two children of the marriage to the plaintiff. Under the circumstances presented here, we hold that the course defendant should properly have followed, as we have repeatedly held in appeals from awards of temporary maintenance in matrimonial cases, was to press for immediate trial of the issue by way of a motion for a preference (see Cloutier v Cloutier, 94 AD2d 974; Sterlace v Sterlace, 63 AD2d 450, 453-454; Vesper v Vesper, 46 AD2d 729). (Appeal from order of Supreme Court, Niagara County, Hannigan, J. — temporary custody.) Present — Hancock, Jr., J. P., Callahan, Boomer, Green and Schnepp, JJ.

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Order unanimously affirmed, without costs. Memorandum: Defendant wife appeals from an order at Special Term which awarded temporary custody of the two children of the marriage to the plaintiff. Under the circumstances presented here, we hold that the course defendant should properly have followed, as we have repeatedly held in appeals from awards of temporary maintenance in matrimonial cases, was to press for immediate trial of the issue by way of a motion for a preference (see Cloutier v Cloutier, 94 AD2d 974; Sterlace v Sterlace, 63 AD2d 450, 453-454; Vesper v Vesper, 46 AD2d 729). (Appeal from order of Supreme Court, Niagara County, Hannigan, J. — temporary custody.) Present — Hancock, Jr., J. P., Callahan, Boomer, Green and Schnepp, JJ.

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Bluebook (online)

94 A.D.2d 977, 463 N.Y.S.2d 742, 1983 N.Y. App. Div. LEXIS 18483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mchugh-v-mchugh-nyappdiv-1983.

Opinion

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