People ex rel. Cleopa v. Petras

In a habeas corpus proceeding, the mother appeals from so much of an order of the Supreme Court, Queens County (Zelman, J.), entered March 6, 1987, as directed that custody would be transferred from the mother to the father in the event that the mother failed to comply with the visitation provisions contained in a previous order.

Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, and the third decretal paragraph thereof is deleted.

We find that the Supreme Court improperly directed that the petitioner father would be awarded…