Mills v. Mills

Appellate Division of the Supreme Court of New York

Mills v. Mills

163 A.D.2d 847, 559 N.Y.S.2d 838, 1990 N.Y. App. Div. LEXIS 9528

Appellate Division of the Supreme Court of the State of New York·Decided July 13, 1990·Published·Cited by 2 cases

Opinion

Order unanimously affirmed without costs. Memorandum: Family Court had authority to order and review a psychiatric report of both parents prior to deciding the visitation issue (see, Family Ct Act § 251; Melstein v Melstein, 96 AD2d 884). There is no merit to respondent’s contention that the court relied on the psychiatric report to support its finding that respondent violated a previous order of protection. The record demonstrates that the court relied on "competent proof’, in the form of petitioner’s testimony, to support that finding (Family Ct Act § 846-a). (Appeal from order of Erie County Family Court, Notaro, J.—violation of court order.) Present—Dillon, P. J., Callahan, Doerr, Pine and Lawton, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order unanimously affirmed without costs. Memorandum: Family Court had authority to order and review a psychiatric report of both parents prior to deciding the visitation issue (see, Family Ct Act § 251; Melstein v Melstein, 96 AD2d 884). There is no merit to respondent’s contention that the court relied on the psychiatric report to support its finding that respondent violated a previous order of protection. The record demonstrates that the court relied on "competent proof’, in the form of petitioner’s testimony, to support that finding (Family Ct Act § 846-a). (Appeal from order of Erie County Family Court, Notaro, J.—violation of court order.) Present—Dillon, P. J., Callahan, Doerr, Pine and Lawton, JJ.

Mills v. Mills, 163 A.D.2d 847, 559 N.Y.S.2d 838, 1990 N.Y. App. Div. LEXIS 9528 (N.Y. Ct. App. 1990).

Pincite

163 A.D.2d 847 (Mills v. Mills) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related