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Shulman v. Shulman

Appellate Division of the Supreme Court of New York, Second Department
Feb 18, 1986
117 A.D.2d 732 (N.Y. App. Div. 1986)

Opinion

February 18, 1986

Appeal from the Supreme Court, Westchester County (Isseks, J.).


Order modified by deleting from the second decretal paragraph the words "unsupervised visitation with the infant child on Saturday afternoon from noon to 3 P.M.," and substituting therefor the words "visitation with the infant child on Saturday afternoons from noon to 3 P.M., which shall be supervised by a person mutually agreeable to both parents." As so modified, order affirmed insofar as appealed from, without costs or disbursements. The matter is remitted to the Supreme Court, Westchester County, for an immediate hearing on the issue of custody.

Since there is evidence in the record which indicates that the defendant may suffer from emotional and mental problems, Special Term improvidently granted him unsupervised visitation with the infant child based solely upon a reading of the submitted papers, pending a hearing (see, Katz v. Katz, 97 A.D.2d 398; Schlessel v Schlessel, 75 A.D.2d 869). Lazer, J.P., Thompson, Bracken and Rubin, JJ., concur.


Summaries of

Shulman v. Shulman

Appellate Division of the Supreme Court of New York, Second Department
Feb 18, 1986
117 A.D.2d 732 (N.Y. App. Div. 1986)
Case details for

Shulman v. Shulman

Case Details

Full title:ELAINE SHULMAN, Appellant, v. JACK SHULMAN, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 18, 1986

Citations

117 A.D.2d 732 (N.Y. App. Div. 1986)

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