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Priebe v. Priebe

434 N.E.2d 708, 55 N.Y.2d 997, 449 N.Y.S.2d 472, 1982 N.Y. LEXIS 3172
CourtNew York Court of Appeals
DecidedFebruary 23, 1982
StatusPublished
Cited by13 cases

This text of 434 N.E.2d 708 (Priebe v. Priebe) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Priebe v. Priebe, 434 N.E.2d 708, 55 N.Y.2d 997, 449 N.Y.S.2d 472, 1982 N.Y. LEXIS 3172 (N.Y. 1982).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The parties sought, on the basis of cross motions, to modify the visitation provisions of their separation agreement which was incorporated into, but not merged with, the divorce decree terminating their marriage. It was [999]*999within the discretion of the Appellate Division to determine whether the circumstances presented justified the requested modification. (Compare Dean v Dean, 79 AD2d 876, mot for lv to app den 52 NY2d 706, with Milici v Milici, 57 AD2d 946.) We cannot say, as a matter of law, that the determination of the Appellate Division which prohibited the mother from removing the children to any location which would interfere with the father’s visitation rights was an abuse of that court’s discretion. (Cf. Weiss v Weiss, 52 NY2d 170.)

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

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Bluebook (online)
434 N.E.2d 708, 55 N.Y.2d 997, 449 N.Y.S.2d 472, 1982 N.Y. LEXIS 3172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/priebe-v-priebe-ny-1982.