Moscato v. Moscato

Appellate Division of the Supreme Court of New York

Moscato v. Moscato

59 A.D.2d 703, 398 N.Y.S.2d 289, 1977 N.Y. App. Div. LEXIS 13654

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

DecidedOctober 3, 1977

StatusPublished

This text of 59 A.D.2d 703 (Moscato v. Moscato) 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

Moscato v. Moscato, 59 A.D.2d 703, 398 N.Y.S.2d 289, 1977 N.Y. App. Div. LEXIS 13654 (N.Y. Ct. App. 1977).

Pincite

Opinion

In a support proceeding pursuant to article 4 of the Family Court Act, the appeal is from an order of protection of the Family Court, Kings County, dated February 9, 1977. Order reversed, on the law, without costs or disbursements, and application for an order of protection denied, without prejudice to the filing of a petition seeking such an order. While the court may issue an order of protection in conjunction with an award of support, the record here is barren of any substantial proof regarding the father’s noncompliance with prior visitation conditions so as to justify the entry of an order of protection. Damiani, J. P., Shapiro, Mollen and O’Connor, JJ., concur.

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In a support proceeding pursuant to article 4 of the Family Court Act, the appeal is from an order of protection of the Family Court, Kings County, dated February 9, 1977. Order reversed, on the law, without costs or disbursements, and application for an order of protection denied, without prejudice to the filing of a petition seeking such an order. While the court may issue an order of protection in conjunction with an award of support, the record here is barren of any substantial proof regarding the father’s noncompliance with prior visitation conditions so as to justify the entry of an order of protection. Damiani, J. P., Shapiro, Mollen and O’Connor, JJ., concur.

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Bluebook (online)

59 A.D.2d 703, 398 N.Y.S.2d 289, 1977 N.Y. App. Div. LEXIS 13654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moscato-v-moscato-nyappdiv-1977.