Aberbach v. Aberbach

Memorandum.

The order of the Appellate Division should be affirmed, without costs and without prejudice to reopening the proceeding or to bringing another proceeding based upon the change in circumstances since the determination at Special Term. The parties consented to referral to the family counseling unit for a confidential report to the court. With consent, Special Term properly relied in part on the confidential reports in awarding custody of the children of the parties to the mother (see Kesseler v. Kesseler, 10 N Y 2d 445, 448-450, 454). Moreover, accepting the principle expressed in…