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Matter of Acquard v. Acquard

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1997
244 A.D.2d 1010 (N.Y. App. Div. 1997)

Opinion

November 19, 1997

Present — Pine, J. P., Lawton, Callahan, Doerr and Balio, JJ. (Filed Oct. 31, 1997.)


Motion for leave to appeal and for a stay denied. Memorandum: Contrary to the statement of Family Court, it is well settled that, absent extraordinary or exigent circumstances, temporary custody should not be transferred without an evidentiary hearing in a proceeding in which there are controverted allegations (see, Kronenberger v. Kronenberger, 204 A.D.2d 1059; see also, Hizme v Hizme, 212 A.D.2d 580). The transcript of the in camera interview supports the court's implicit finding of exigent circumstances in this case.


Summaries of

Matter of Acquard v. Acquard

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1997
244 A.D.2d 1010 (N.Y. App. Div. 1997)
Case details for

Matter of Acquard v. Acquard

Case Details

Full title:In the Matter of JAMES J. ACQUARD, Petitioner, v. BONNIE A. ACQUARD…

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

Date published: Nov 19, 1997

Citations

244 A.D.2d 1010 (N.Y. App. Div. 1997)
666 N.Y.S.2d 57

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