Legal Opinion
Brice v. Mitchell
Appellate Division of the Supreme Court of the State of New York
Decided June 5, 1992PublishedCited by 9 opinions
1Opinion of the Court
Order unanimously reversed on the law without costs and matter remitted to Erie County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in receiving into evidence, over respondent’s objection, reports prepared by the Probation Department and the Forensic Mental Health Service. In a custody proceeding, "professional reports and independent investigations by the Trial Judge entail too many risks of error to permit their use without the parties’ consent” (Matter of Lincoln v Lincoln, 24 NY2d 270, 273; see also, Kesseler v Kesseler, 10 NY2d 445;…
2Cases cited5 opinions
- Lincoln v. LincolnNew York Court of Appeals · 1969
- Koppenhoefer v. KoppenhoeferAppellate Division of the Supreme Court of the State of New York · 1990
- Kesseler v. KesselerNew York Court of Appeals · 1962
- Bauer v. BauerAppellate Division of the Supreme Court of the State of New York · 1982
- Isaacs v. MurcinAppellate Division of the Supreme Court of the State of New York · 1971
3Cited by9 opinions
- Tracy v. TracyAppellate Division of the Supreme Court of the State of New York · 2003
- Khan v. DollyAppellate Division of the Supreme Court of the State of New York · 2004
- Liza C. v. Noel C.Appellate Division of the Supreme Court of the State of New York · 1994
- Wilson v. WilsonAppellate Division of the Supreme Court of the State of New York · 1996
- Tacconi v. TacconiAppellate Division of the Supreme Court of the State of New York · 1993
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