People ex rel. Herzog v. Morgan

Appellate Division of the Supreme Court of New York

People ex rel. Herzog v. Morgan

262 A.D. 763, 27 N.Y.S.2d 630, 1941 N.Y. App. Div. LEXIS 5788

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

DecidedMay 19, 1941

StatusPublished

This text of 262 A.D. 763 (People ex rel. Herzog v. Morgan) 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

People ex rel. Herzog v. Morgan, 262 A.D. 763, 27 N.Y.S.2d 630, 1941 N.Y. App. Div. LEXIS 5788 (N.Y. Ct. App. 1941).

Pincite

Opinion

Order sustaining a writ of habeas corpus and awarding the relator limited custody of his two infant children modified on the facts so as to provide that the relator shall have custody of the children each year for a period of two weeks during either July or August, but on condition that the children be accompanied by their nurse or governess, and so as to provide that the relator shall have the right to visit the children between the hours of three and six p. m. on one Sunday each month, provided he gives reasonable notice to appellant of his intention so to do. As so modified, the order is unanimously affirmed, without costs. In view of the tender years of the children and under all the circumstances, in our opinion the children should not be separated from their mother for a longer period than two weeks. Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur. Settle order on notice.

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

Order sustaining a writ of habeas corpus and awarding the relator limited custody of his two infant children modified on the facts so as to provide that the relator shall have custody of the children each year for a period of two weeks during either July or August, but on condition that the children be accompanied by their nurse or governess, and so as to provide that the relator shall have the right to visit the children between the hours of three and six p. m. on one Sunday each month, provided he gives reasonable notice to appellant of his intention so to do. As so modified, the order is unanimously affirmed, without costs. In view of the tender years of the children and under all the circumstances, in our opinion the children should not be separated from their mother for a longer period than two weeks. Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur. Settle order on notice.

Cite This Page — Counsel Stack

Bluebook (online)

262 A.D. 763, 27 N.Y.S.2d 630, 1941 N.Y. App. Div. LEXIS 5788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-herzog-v-morgan-nyappdiv-1941.