Uhlan v. Uhlan

Appellate Division of the Supreme Court of New York

Uhlan v. Uhlan

283 A.D. 1013, 131 N.Y.S.2d 98, 1954 N.Y. App. Div. LEXIS 6130

Appellate Division of the Supreme Court of the State of New York·Decided June 1, 1954·Published·Cited by 2 cases

Opinion

Order unanimously reversed, with costs and disbursements and the proceeding remitted to Special Term for a determination, after a hearing before the court, on all the issues raised by the petition and answer. The application, involving as it does the welfare of a child, should not have been decided upon [1014]*1014the inadequate affidavits submitted herein and the mother’s request for a hearing should have been granted. (Fernandez v. Fernandez, 282 App. Div. 1043.) Settle order on notice. Present — Dore, J. P., Cohn, Callahan, Bastow and Botein, JJ.

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Order unanimously reversed, with costs and disbursements and the proceeding remitted to Special Term for a determination, after a hearing before the court, on all the issues raised by the petition and answer. The application, involving as it does the welfare of a child, should not have been decided upon [1014]*1014the inadequate affidavits submitted herein and the mother’s request for a hearing should have been granted. (Fernandez v. Fernandez, 282 App. Div. 1043.) Settle order on notice. Present — Dore, J. P., Cohn, Callahan, Bastow and Botein, JJ.

Uhlan v. Uhlan, 283 A.D. 1013, 131 N.Y.S.2d 98, 1954 N.Y. App. Div. LEXIS 6130 (N.Y. Ct. App. 1954).

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