Wenke v. Wenke

Appellate Division of the Supreme Court of New York

Wenke v. Wenke

219 A.D.2d 884, 632 N.Y.S.2d 54, 1995 N.Y. App. Div. LEXIS 11131

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

DecidedSeptember 29, 1995

StatusPublished

This text of 219 A.D.2d 884 (Wenke v. Wenke) 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

Wenke v. Wenke, 219 A.D.2d 884, 632 N.Y.S.2d 54, 1995 N.Y. App. Div. LEXIS 11131 (N.Y. Ct. App. 1995).

Pincite

Opinion

Motion for leave to appeal denied. Memorandum: Absent any showing of exigent circumstances, Family Court erred in granting an ex parte order that transferred "placement” of the parties’ son to the paternal grandparents without affording respondent mother any notice or opportunity to be heard in opposition to the bare allegations made by petitioner father. Under the circumstances of this case, had a timely application been made to this Court prior to the completion of visitation directed in the ex parte order, this Court would have granted leave to appeal and vacated such order pursuant to CPLR 5704 (a). Present — Pine, J. P., Lawton, Wesley, Doerr and Balio, JJ.

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Motion for leave to appeal denied. Memorandum: Absent any showing of exigent circumstances, Family Court erred in granting an ex parte order that transferred "placement” of the parties’ son to the paternal grandparents without affording respondent mother any notice or opportunity to be heard in opposition to the bare allegations made by petitioner father. Under the circumstances of this case, had a timely application been made to this Court prior to the completion of visitation directed in the ex parte order, this Court would have granted leave to appeal and vacated such order pursuant to CPLR 5704 (a). Present — Pine, J. P., Lawton, Wesley, Doerr and Balio, JJ.

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Bluebook (online)

219 A.D.2d 884, 632 N.Y.S.2d 54, 1995 N.Y. App. Div. LEXIS 11131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wenke-v-wenke-nyappdiv-1995.