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Matter of Earle

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 27, 1966
26 A.D.2d 897 (N.Y. App. Div. 1966)

Opinion

October 27, 1966

Appeal from the Wayne Family Court.

Present — Bastow, J.P., Goldman, Henry, Del Vecchio and Marsh, JJ.


Judgment unanimously reversed on the law and facts with costs, writ dismissed, and custody of the child awarded to the respondent, Marjorie R. Earle, with reasonble visitation privileges accorded the petitioner. If the parties are unable to agree as to the details of such visitation rights, they shall be delineated by appropriate order of the Wayne County Family Court. Memorandum: In view of the affectionate and conscientious care and attention given the child and a brother and sister in the home of the respondent mother and the child's excellent progress and adjustment clearly evidenced by his school record and the testimony of his school principal, it would not be in the best interest of the child to take him from the mother and award custody to the father requiring supervision and control for the greater part of the time by the paternal grandmother. The decision of the Family Court recites only that it is based on a review of the testimony and reports of the investigations by the County Department of Social Welfare. While one report contained a charge by the petitioner of an improper relationship maintained by the appellant, no evidence was adduced by petitioner on the hearing to establish such a charge and no opportunity was afforded the appellant after the report was given the court to challenge its truthfulness. (See Kesseler v. Kesseler, 10 N.Y.2d 445.) The determination of the Family Court Judge was contrary to the weight of the evidence.


Summaries of

Matter of Earle

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 27, 1966
26 A.D.2d 897 (N.Y. App. Div. 1966)
Case details for

Matter of Earle

Case Details

Full title:In the Matter of WARREN T. EARLE. MARJORIE R. EARLE, Appellant; HENRY R…

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

Date published: Oct 27, 1966

Citations

26 A.D.2d 897 (N.Y. App. Div. 1966)

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