From Casetext: Smarter Legal Research

Marks v. Marks

Appellate Division of the Supreme Court of New York, Second Department
Oct 19, 1987
133 A.D.2d 742 (N.Y. App. Div. 1987)

Opinion

October 19, 1987

Appeal from the Supreme Court, Nassau County (Becker, J.).


Ordered that the order is reversed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith.

In view of the serious and conflicting allegations of the parties, it was error for the trial court not to hear the testimony of all proposed witnesses with respect to the question of custody and visitation prior to resolving the issue of overnight visitation (see, Mosesku v. Mosesku, 108 A.D.2d 795). Moreover, the trial court should have made specific findings of fact prior to issuing its order (see, Mosesku v. Mosesku, supra). We note that our determination is not intended to and should not influence the trial court's final decision with respect to custody and visitation after the completion of the trial on those issues. Lawrence, J.P., Weinstein, Kooper and Sullivan, JJ., concur.


Summaries of

Marks v. Marks

Appellate Division of the Supreme Court of New York, Second Department
Oct 19, 1987
133 A.D.2d 742 (N.Y. App. Div. 1987)
Case details for

Marks v. Marks

Case Details

Full title:ELLEN MARKS, Appellant, v. BARROW MARKS, Respondent

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

Date published: Oct 19, 1987

Citations

133 A.D.2d 742 (N.Y. App. Div. 1987)

Citing Cases

In the Matter of Tolbert v. Scott

r physically unfit to have custody of the child, where there has been a protracted separation of the parent…

In re Sitzer

There is a sound and substantial basis in the record for the Family Court's decision to award custody to the…