Home/Appellate Division of the Supreme Court of New York/Peck-Barnett v. Barnett

Peck-Barnett v. Barnett

82 A.D.3d 540, 918 N.Y.2d 712
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 17, 2011
StatusPublished

This text of 82 A.D.3d 540 (Peck-Barnett v. Barnett) 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
Peck-Barnett v. Barnett, 82 A.D.3d 540, 918 N.Y.2d 712 (N.Y. Ct. App. 2011).

Opinion

The court erred in ordering a radical change in custody via an interim order, without the benefit of a full evidentiary record (see Scotto v Scotto, 66 AD2d 839 [1978]). The propriety of the order has been undermined by the child’s improvement during the time the order was stayed by this Court pending this appeal. Proper resolution of the custody issue requires a prompt trial, at which a full evidentiary record is developed, so that the court is armed with the facts sufficient determine the. best interests of the child. Concur — Gonzalez, P.J., Friedman, Catterson, Renwick and Abdus-Salaam, JJ.

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Related

Scotto v. Scotto
66 A.D.2d 839 (Appellate Division of the Supreme Court of New York, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
82 A.D.3d 540, 918 N.Y.2d 712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peck-barnett-v-barnett-nyappdiv-2011.