Melstein v. Melstein

Appellate Division of the Supreme Court of New York

Melstein v. Melstein

96 A.D.2d 884, 466 N.Y.S.2d 40, 1983 N.Y. App. Div. LEXIS 19481

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

DecidedAugust 15, 1983

StatusPublished

Cited by2 cases

This text of 96 A.D.2d 884 (Melstein v. Melstein) 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

Melstein v. Melstein, 96 A.D.2d 884, 466 N.Y.S.2d 40, 1983 N.Y. App. Div. LEXIS 19481 (N.Y. Ct. App. 1983).

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Opinion

— In an action for divorce, the defendant husband appeals (1) from a judgment of the Supreme Court, Queens County (Buschmann, J.), dated April 27,1982, which, inter alia, granted the plaintiff wife a divorce and custody of the parties’ child, adjudged that defendant was to have no visitation with the child and directed defendant to pay plaintiff the sum of $50 per week as child support, and (2) from an order of the same court, dated June 21,1982, which denied his motion for a stay of the above-mentioned judgment and for á new trial. Judgment and order affirmed, without costs or disbursements. Under the circumstances herein, defendant’s refusal to submit to a psychiatric evaluation was a sufficient ground for denying him visitation rights. We note, however, that this is without prejudice to his moving for modification upon a showing of his willingness to submit to a court-ordered psychiatric evaluation. Damiani, J. P., Lazer, Mangano and Boyers, JJ., concur.

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— In an action for divorce, the defendant husband appeals (1) from a judgment of the Supreme Court, Queens County (Buschmann, J.), dated April 27,1982, which, inter alia, granted the plaintiff wife a divorce and custody of the parties’ child, adjudged that defendant was to have no visitation with the child and directed defendant to pay plaintiff the sum of $50 per week as child support, and (2) from an order of the same court, dated June 21,1982, which denied his motion for a stay of the above-mentioned judgment and for á new trial. Judgment and order affirmed, without costs or disbursements. Under the circumstances herein, defendant’s refusal to submit to a psychiatric evaluation was a sufficient ground for denying him visitation rights. We note, however, that this is without prejudice to his moving for modification upon a showing of his willingness to submit to a court-ordered psychiatric evaluation. Damiani, J. P., Lazer, Mangano and Boyers, JJ., concur.

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Bluebook (online)

96 A.D.2d 884, 466 N.Y.S.2d 40, 1983 N.Y. App. Div. LEXIS 19481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melstein-v-melstein-nyappdiv-1983.

Opinion

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