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

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

DecidedJuly 13, 1990

StatusPublished

Cited by2 cases

This text of 163 A.D.2d 847 (Mills v. Mills) 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

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).

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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.

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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.

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Bluebook (online)

163 A.D.2d 847, 559 N.Y.S.2d 838, 1990 N.Y. App. Div. LEXIS 9528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mills-v-mills-nyappdiv-1990.

Opinion

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