Michener v. Metcalf

Appellate Division of the Supreme Court of New York

Michener v. Metcalf

99 A.D.2d 925, 473 N.Y.S.2d 49, 1984 N.Y. App. Div. LEXIS 17333

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

DecidedFebruary 23, 1984

StatusPublished

Cited by5 cases

This text of 99 A.D.2d 925 (Michener v. Metcalf) 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

Michener v. Metcalf, 99 A.D.2d 925, 473 N.Y.S.2d 49, 1984 N.Y. App. Div. LEXIS 17333 (N.Y. Ct. App. 1984).

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Opinion

Appeal from an order of the Family Court of Broome County (Whiting, Jr., J.), entered May 27, 1983, which determined that it would retain jurisdiction of a custody proceeding brought in said court. Our review of the record in this case reveals that Supreme Court did not refer to Family Court any applications to enforce or modify custody or visitation rights and that Supreme Court did not provide in its judgment of absolute divorce that said judgment could be enforced or modified only in Supreme Court. Thus, Family Court has jurisdiction to determine the petition brought pursuant to [926]*926section 651 of the Family Court Act (see Family Ct Act, § 467, subd [b], par [ii]; § 652, subd [b], par [ii]). Order affirmed, without costs. Kane, J. P., Main, Weiss, Mikoll and Yesawich, Jr., JJ., concur.

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Appeal from an order of the Family Court of Broome County (Whiting, Jr., J.), entered May 27, 1983, which determined that it would retain jurisdiction of a custody proceeding brought in said court. Our review of the record in this case reveals that Supreme Court did not refer to Family Court any applications to enforce or modify custody or visitation rights and that Supreme Court did not provide in its judgment of absolute divorce that said judgment could be enforced or modified only in Supreme Court. Thus, Family Court has jurisdiction to determine the petition brought pursuant to [926]*926section 651 of the Family Court Act (see Family Ct Act, § 467, subd [b], par [ii]; § 652, subd [b], par [ii]). Order affirmed, without costs. Kane, J. P., Main, Weiss, Mikoll and Yesawich, Jr., JJ., concur.

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Bluebook (online)

99 A.D.2d 925, 473 N.Y.S.2d 49, 1984 N.Y. App. Div. LEXIS 17333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michener-v-metcalf-nyappdiv-1984.

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