Legal Opinion

Starkey v. Starkey

Appellate Division of the Supreme Court of the State of New York

Decided February 4, 1998No. Appeal No. 1PublishedCited by 6 opinions

1Opinion of the Court

Order unanimously affirmed without costs. Memorandum: Respondent appeals from two orders of Family Court, one awarding custody of the parties’ child to petitioner and the other denying his motion to vacate the custody order and for a trial de novo. Respondent contends that the court erred in granting petitioner’s request to draw a negative inference from his invocation of his Fifth Amendment right when questioned about his bigamous Canadian marriage months before the trial. That contention is not preserved for our review (see, Matter of Tracey v Tracey, 235 AD2d 838, 839). In any event, even…

2Cases cited5 opinions

  1. Fox v. FoxAppellate Division of the Supreme Court of the State of New York · 1992
  2. De Vivo v. BurrellAppellate Division of the Supreme Court of the State of New York · 1984
  3. Dingman v. PurdyAppellate Division of the Supreme Court of the State of New York · 1995
  4. Tracey v. TraceyAppellate Division of the Supreme Court of the State of New York · 1997
  5. Meyers v. HalladayAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by6 opinions

  1. Katherine D. v. Lawrence D.Appellate Division of the Supreme Court of the State of New York · 2006
  2. Ulmer v. UlmerAppellate Division of the Supreme Court of the State of New York · 1998
  3. Roseman v. SierantAppellate Division of the Supreme Court of the State of New York · 2016
  4. Lamirande v. LamirandeAppellate Division of the Supreme Court of the State of New York · 1998
  5. Roseman v. SierantAppellate Division of the Supreme Court of the State of New York · 2016

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