From Casetext: Smarter Legal Research

Silano v. Silano

Appellate Division of the Supreme Court of New York, Second Department
Aug 19, 1987
133 A.D.2d 201 (N.Y. App. Div. 1987)

Opinion

August 19, 1987

Appeal from the Family Court, Kings County (Deutsch, J.).


Ordered that the order is affirmed, with costs.

We agree with the Family Court's determination which transferred physical custody of the parties' two infant children to their mother for reasons stated by Judge Deutsch of the Family Court in his memorandum decision.

On oral argument, counsel for the parties informed this court that an application is now pending before Judge Deutsch of the Family Court in which the father challenges, inter alia, the mother's ability to accept physical custody of the children in light of her current living arrangements. Accordingly, our affirmance is without prejudice to an application in the Family Court by the father to stay the transfer of the physical custody of the children to the mother pending the determination of Judge Deutsch upon the current application before him. The order of this court dated June 17, 1987, staying the order appealed from shall be continued for five days pursuant to CPLR 5519 (e), within which time the father may, if he be so advised, apply for a stay before the Family Court. Niehoff, J.P., Lawrence, Kooper and Spatt, JJ., concur.


Summaries of

Silano v. Silano

Appellate Division of the Supreme Court of New York, Second Department
Aug 19, 1987
133 A.D.2d 201 (N.Y. App. Div. 1987)
Case details for

Silano v. Silano

Case Details

Full title:PALMA SILANO, Respondent, v. CARMINE SILANO, Appellant

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

Date published: Aug 19, 1987

Citations

133 A.D.2d 201 (N.Y. App. Div. 1987)