Sampson v. Sampson

Appellate Division of the Supreme Court of New York

Sampson v. Sampson

36 A.D.2d 759, 320 N.Y.S.2d 734, 1971 N.Y. App. Div. LEXIS 4436

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

DecidedMarch 22, 1971

StatusPublished

This text of 36 A.D.2d 759 (Sampson v. Sampson) 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

Sampson v. Sampson, 36 A.D.2d 759, 320 N.Y.S.2d 734, 1971 N.Y. App. Div. LEXIS 4436 (N.Y. Ct. App. 1971).

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Opinion

In our opinion, both parents have manifested their love and concern for their son. However, the age and impressionability of this pre-adolescent child necessitate that, on the facts of this case, the child be in the custody of his mother rather than in his present environment. It is expected that the mother will endeavor with due dispatch to make arrangements permitting her son to have reasonable privacy. Martuscello, Acting P. J., Christ, Brennan and Benjamin, JJ., concur. Latham, J., dissents and votes to affirm the judgment, being of the opinion that the holding of the Trial Judge, who saw and heard the witnesses, should be upheld.

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In our opinion, both parents have manifested their love and concern for their son. However, the age and impressionability of this pre-adolescent child necessitate that, on the facts of this case, the child be in the custody of his mother rather than in his present environment. It is expected that the mother will endeavor with due dispatch to make arrangements permitting her son to have reasonable privacy. Martuscello, Acting P. J., Christ, Brennan and Benjamin, JJ., concur. Latham, J., dissents and votes to affirm the judgment, being of the opinion that the holding of the Trial Judge, who saw and heard the witnesses, should be upheld.

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Bluebook (online)

36 A.D.2d 759, 320 N.Y.S.2d 734, 1971 N.Y. App. Div. LEXIS 4436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sampson-v-sampson-nyappdiv-1971.