Parker v. Parker

Appellate Division of the Supreme Court of New York

Parker v. Parker

50 A.D.2d 738, 376 N.Y.S.2d 516, 1975 N.Y. App. Div. LEXIS 11518

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

DecidedDecember 4, 1975

StatusPublished

This text of 50 A.D.2d 738 (Parker v. Parker) 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

Parker v. Parker, 50 A.D.2d 738, 376 N.Y.S.2d 516, 1975 N.Y. App. Div. LEXIS 11518 (N.Y. Ct. App. 1975).

Pincite

Opinion

Order, Supreme Court, New York County, entered on September 4, 1975, insofar as it awarded plaintiff temporary alimony and child support in the sum of $400 per week, plus mortgage payments, etc, exclusive possession of the marital residence and ordered that the children "be in the joint custody of the parties * * * with visitation to be agreed to by the parties” unanimously modified, on the law, the facts and in the exercise of discretion, to the extent of reducing the award of temporary alimony and child support to $200 per week and deleting the second and third decretal paragraphs of the order and, as so modified, the order is affirmed, without costs and without disbursements. Giving due consideration to the parties’ status and finances, an award in excess of that mentioned above is not justified on the basis of the conflicting and inconclusive affidavits submitted at Special Term. Plaintiff has not shown the commission or threat of any acts by defendant, or anything else, which would justify an award to her of exclusive possession of the marital residence (Heller v Heller, 38 AD2d 526, 527). No present need has been shown which would justify action by the court on the issue of custody. Concur — Stevens, P. J., Kupferman, Murphy, Lupiano and Capozzoli, JJ.

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

Order, Supreme Court, New York County, entered on September 4, 1975, insofar as it awarded plaintiff temporary alimony and child support in the sum of $400 per week, plus mortgage payments, etc, exclusive possession of the marital residence and ordered that the children "be in the joint custody of the parties * * * with visitation to be agreed to by the parties” unanimously modified, on the law, the facts and in the exercise of discretion, to the extent of reducing the award of temporary alimony and child support to $200 per week and deleting the second and third decretal paragraphs of the order and, as so modified, the order is affirmed, without costs and without disbursements. Giving due consideration to the parties’ status and finances, an award in excess of that mentioned above is not justified on the basis of the conflicting and inconclusive affidavits submitted at Special Term. Plaintiff has not shown the commission or threat of any acts by defendant, or anything else, which would justify an award to her of exclusive possession of the marital residence (Heller v Heller, 38 AD2d 526, 527). No present need has been shown which would justify action by the court on the issue of custody. Concur — Stevens, P. J., Kupferman, Murphy, Lupiano and Capozzoli, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

50 A.D.2d 738, 376 N.Y.S.2d 516, 1975 N.Y. App. Div. LEXIS 11518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-parker-nyappdiv-1975.

Opinion

Related

Cite This Page — Counsel Stack