Sweeney v. Sweeney

Appellate Division of the Supreme Court of New York

Sweeney v. Sweeney

39 A.D.2d 561, 331 N.Y.S.2d 499, 1972 N.Y. App. Div. LEXIS 5011

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

DecidedApril 10, 1972

StatusPublished

This text of 39 A.D.2d 561 (Sweeney v. Sweeney) 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

Sweeney v. Sweeney, 39 A.D.2d 561, 331 N.Y.S.2d 499, 1972 N.Y. App. Div. LEXIS 5011 (N.Y. Ct. App. 1972).

Pincite

Opinion

n an action for divorce, defendant appeals from a judgment of the Supreme Court, Richmond County, entered October 15, 1971, which granted plaintiff a divorce on the ground of cruel and inhuman treatment and awarded her alimony, support for the parties’ two infant children, and counsel fees. Judgment modified on the facts and in the interests of justice by striking therefrom the second, third and fourth decretal provisions, which awarded plaintiff custody of the issue of the marriage, granted defendant visitation rights, and granted plaintiff $100 per week alimony and support for her and the infant children and matter remitted to the trial court for a hearing and new determination on the above issues, and for entry of an amended judgment after rendition of such new determination. As so modified, judgment affirmed, without costs. Upon oral argument of the instant appeal, by the husband, pro se, the court was informed that the plaintiff was presently ill and incapable of taking care of the children, and that the infant children are presently residing with their paternal grandparents. In light of these changes in circumstances, we deem it to be in the best interests of the children to remit to the lower court for a new determination. Rabin, P. J., Hopkins, Martuscello, Latham and Shapiro, JJ., concur.

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n an action for divorce, defendant appeals from a judgment of the Supreme Court, Richmond County, entered October 15, 1971, which granted plaintiff a divorce on the ground of cruel and inhuman treatment and awarded her alimony, support for the parties’ two infant children, and counsel fees. Judgment modified on the facts and in the interests of justice by striking therefrom the second, third and fourth decretal provisions, which awarded plaintiff custody of the issue of the marriage, granted defendant visitation rights, and granted plaintiff $100 per week alimony and support for her and the infant children and matter remitted to the trial court for a hearing and new determination on the above issues, and for entry of an amended judgment after rendition of such new determination. As so modified, judgment affirmed, without costs. Upon oral argument of the instant appeal, by the husband, pro se, the court was informed that the plaintiff was presently ill and incapable of taking care of the children, and that the infant children are presently residing with their paternal grandparents. In light of these changes in circumstances, we deem it to be in the best interests of the children to remit to the lower court for a new determination. Rabin, P. J., Hopkins, Martuscello, Latham and Shapiro, JJ., concur.

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Bluebook (online)

39 A.D.2d 561, 331 N.Y.S.2d 499, 1972 N.Y. App. Div. LEXIS 5011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sweeney-v-sweeney-nyappdiv-1972.