Sagumeri v. Fortunato

Appellate Division of the Supreme Court of New York

Sagumeri v. Fortunato

55 A.D.2d 936, 391 N.Y.S.2d 377, 1977 N.Y. App. Div. LEXIS 10206

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

DecidedJanuary 24, 1977

StatusPublished

Cited by1 cases

This text of 55 A.D.2d 936 (Sagumeri v. Fortunato) 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

Sagumeri v. Fortunato, 55 A.D.2d 936, 391 N.Y.S.2d 377, 1977 N.Y. App. Div. LEXIS 10206 (N.Y. Ct. App. 1977).

Pincite

Opinion

In a habeas corpus proceeding pursuant to section 72 of the Domestic Relations Law to determine the visitation rights of the petitioner grandparents, petitioners appeal from an order of the Family Court, Kings County, dated December 3, 1974, which, after a hearing, dismissed the proceeding. Order reversed, without costs or disbursements, and proceeding remanded to the Family Court for a new hearing, which shall be conducted by a Judge other than the one who presided at the original hearing. The central concern in determining the grandparents’ application for visitation is the welfare of the children affected (see Lo Presti v Lo Presti, 40 NY2d 522). This should be fully explored at the new hearing. Hopkins, Acting P. J., Martuscello, Latham and Damiani, JJ., concur.

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In a habeas corpus proceeding pursuant to section 72 of the Domestic Relations Law to determine the visitation rights of the petitioner grandparents, petitioners appeal from an order of the Family Court, Kings County, dated December 3, 1974, which, after a hearing, dismissed the proceeding. Order reversed, without costs or disbursements, and proceeding remanded to the Family Court for a new hearing, which shall be conducted by a Judge other than the one who presided at the original hearing. The central concern in determining the grandparents’ application for visitation is the welfare of the children affected (see Lo Presti v Lo Presti, 40 NY2d 522). This should be fully explored at the new hearing. Hopkins, Acting P. J., Martuscello, Latham and Damiani, JJ., concur.

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Bluebook (online)

55 A.D.2d 936, 391 N.Y.S.2d 377, 1977 N.Y. App. Div. LEXIS 10206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sagumeri-v-fortunato-nyappdiv-1977.

Opinion

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