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Bittner v. Bittner

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 10, 1987
132 A.D.2d 947 (N.Y. App. Div. 1987)

Opinion

July 10, 1987

Appeal from the Supreme Court, Erie County, Honan, J.

Present — Dillon, P.J., Boomer, Green, Balio and Lawton, JJ.


Judgment modified on the law and facts and as modified affirmed without costs, in accordance with memorandum. All concur, Dillon, P.J., not participating. Memorandum: On appeal from a judgment of divorce, plaintiff's primary claim is that the trial court erred in granting defendant father the right to exercise his visitation with the parties' five-year-old daughter "in any geographical location he chooses." Plaintiff has failed to establish that such visitation is not in the child's best interest, or that overnight visitation in Boston, Massachusetts, where the father resides, has been disruptive or detrimental to the child. Although the trial court did not make specific findings in support of various portions of its judgment, a reversal and remand is not required because the reasons for the court's rulings appear on the face of the record (see, Damiano v Damiano, 94 A.D.2d 132, 134). We modify the judgment only by adding adultery as a ground for divorce (see, Marmorale v Marmorale, 103 A.D.2d 736), and by making the award of child support retroactive to the date of the commencement of the action (see, Domestic Relations Law § 236 [B] [7] [a]). Otherwise, the judgment is affirmed. We have considered the other claims raised by the plaintiff and find each one lacking in merit.


Summaries of

Bittner v. Bittner

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 10, 1987
132 A.D.2d 947 (N.Y. App. Div. 1987)
Case details for

Bittner v. Bittner

Case Details

Full title:SHARYN R. BITTNER, Appellant, v. GARY S. BITTNER, Respondent

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 10, 1987

Citations

132 A.D.2d 947 (N.Y. App. Div. 1987)

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