Schussler v. Schussler

Appellate Division of the Supreme Court of New York

Schussler v. Schussler

142 A.D.2d 673, 531 N.Y.S.2d 20, 1988 N.Y. App. Div. LEXIS 7923

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

DecidedJuly 18, 1988

StatusPublished

Cited by1 cases

This text of 142 A.D.2d 673 (Schussler v. Schussler) 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

Schussler v. Schussler, 142 A.D.2d 673, 531 N.Y.S.2d 20, 1988 N.Y. App. Div. LEXIS 7923 (N.Y. Ct. App. 1988).

Pincite

Opinion

— In a matrimonial action in which the parties were divorced by judgment dated April 9, 1984, the defendant husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (McCabe, J.), dated October 2, 1987, as, upon his application for a change of custody, directed that the matter be referred to the Nassau County and Sullivan County Probation Departments for an investigation into the child’s home circumstances, and the plaintiff wife cross-appeals from so much of the same order as referred the matter to the Nassau County and Sullivan County Probation Departments and modified the existing visitation arrangements pending determination of the application.

Ordered that the appeal and cross appeal are dismissed, without costs or disbursements.

The order from which the parties appeal was an interim order issued pending the determination of the application for change of custody. That application has now been finally determined in an order of the same court dated January 29, 1988, which supersedes the order under review. The parties’ rights are now governed by that subsequent order and their remedies, if any, are on an appeal therefrom. Mangano, J. P., Brown, Lawrence and Harwood, JJ., concur.

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— In a matrimonial action in which the parties were divorced by judgment dated April 9, 1984, the defendant husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (McCabe, J.), dated October 2, 1987, as, upon his application for a change of custody, directed that the matter be referred to the Nassau County and Sullivan County Probation Departments for an investigation into the child’s home circumstances, and the plaintiff wife cross-appeals from so much of the same order as referred the matter to the Nassau County and Sullivan County Probation Departments and modified the existing visitation arrangements pending determination of the application.

Ordered that the appeal and cross appeal are dismissed, without costs or disbursements.

The order from which the parties appeal was an interim order issued pending the determination of the application for change of custody. That application has now been finally determined in an order of the same court dated January 29, 1988, which supersedes the order under review. The parties’ rights are now governed by that subsequent order and their remedies, if any, are on an appeal therefrom. Mangano, J. P., Brown, Lawrence and Harwood, JJ., concur.

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Bluebook (online)

142 A.D.2d 673, 531 N.Y.S.2d 20, 1988 N.Y. App. Div. LEXIS 7923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schussler-v-schussler-nyappdiv-1988.

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