Opinion
September 25, 1970
Appeal from the Monroe Family Court.
Present — Goldman, P.J., Del Vecchio, Witmer, Gabrielli and Bastow, JJ.
Orders of January 7, 1970 and February 11, 1970 unanimously reversed on the law and the facts and in the exercise of discretion and petition dismissed, without costs. Memorandum: The home of each parent appears to be adequate. In view of the separation agreement and the Connecticut order embodying its terms the courts of New York should not change the custody in the absence of extraordinary change of circumstances and an immediate need of the children for such change ( Matter of Metz v. Morley, 29 A.D.2d 462; and see Matter of Alaimo, 36 Misc.2d 759). No such change of circumstances or need was shown in this case. Family Court, therefore, should not have directed respondent to make weekly payments to petitioner for the support of the children, and it was an improvident exercise of discretion to direct respondent to pay petitioner's counsel fees and expenses in the proceeding.