Biagi v. Biagi
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*771Each party to this appeal seeks custody of the young child of the marriage during the pendency of this action for a divorce and ancillary relief. The Supreme Court, Suffolk County, without a hearing, issued an order directing the parties to share custody of the child during the action’s pendency. As a general rule, it is error as a matter of law to make an order respecting custody based on controverted allegations without having had the benefit of a full hearing in order to resolve those factual issues which develop from conflicting affidavits (see, Obey v Degling, 37 NY2d 768, 769-770;…
2Cases cited6 opinions
- Obey v. DeglingNew York Court of Appeals · 1975
- Richman v. RichmanAppellate Division of the Supreme Court of the State of New York · 1984
- Robinson v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1985
- Crum v. CrumAppellate Division of the Supreme Court of the State of New York · 1986
- Meltzer v. MeltzerAppellate Division of the Supreme Court of the State of New York · 1971
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3Cited by25 opinions
- Robert C. R. v. Victoria R.Appellate Division of the Supreme Court of the State of New York · 1988
- Cornell v. CornellAppellate Division of the Supreme Court of the State of New York · 2004
- Colley v. ColleyAppellate Division of the Supreme Court of the State of New York · 1994
- Lazich v. LazichAppellate Division of the Supreme Court of the State of New York · 1993
- Askinas v. AskinasAppellate Division of the Supreme Court of the State of New York · 1989
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