Van Etten v. Van Etten
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Where, as here, affidavits submitted by the parties contained factual allegations that were sharply disputed, it was error for Supreme Court to alter the existing custodial situation and to limit visitation without conducting a full evidentiary hearing (see, Tacconi v Tacconi, 197 AD2d 929; Matter of Amy W., 122 AD2d 592). We vacate the custody and visitation provisions of Supreme Court’s order and remit those…
2Cases cited6 opinions
- Oram v. CaponeAppellate Division of the Supreme Court of the State of New York · 1994
- Preston v. PrestonAppellate Division of the Supreme Court of the State of New York · 1989
- Waldeck v. WaldeckAppellate Division of the Supreme Court of the State of New York · 1988
- Tacconi v. TacconiAppellate Division of the Supreme Court of the State of New York · 1993
- Millio v. MillioAppellate Division of the Supreme Court of the State of New York · 1984
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3Cited by10 opinions
- Mazur v. MazurAppellate Division of the Supreme Court of the State of New York · 1994
- Sales v. GisendanerAppellate Division of the Supreme Court of the State of New York · 2000
- Brooks v. BrooksAppellate Division of the Supreme Court of the State of New York · 1998
- Smith v. PatrowskiAppellate Division of the Supreme Court of the State of New York · 1996
- Miller-Glass v. GlassAppellate Division of the Supreme Court of the State of New York · 1997
5 more not listed; retrieve them via the Exa API.