Parker v. Parker

Kupferman, J. P. (dissenting in part).

If the facts were solely as set forth in the majority opinion, I would concur. However, they are not.

Shortly after the divorce proceeding commenced, the wife’s sister presented the legal papers to their father. He then took them to his attorney. However, although a notice of appearance was entered on appellant’s behalf, she directed that no further action be taken.

There are other aspects of appellant’s background which need not be enumerated here, which make it clear that custody of the infant child should be with the father and that a divorce was…