Luongo v. Luongo

In a habeas corpus proceeding by a father to obtain custody of the children of the parties from the mother, the father appeals from a judgment of the Supreme Court, Westchester County (Delaney, J.), dated November 16, 1984, which dismissed the writ on the ground that the mother had removed herself and the children from the State.

Judgment affirmed, with costs.

From the facts before us, it appears that prior to the commencement of the instant suit, the petitioner, the respondent and the children all were, and had been, residents of New York. In June of 1984, the respondent left the marital…