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Blauvelt v. Blauvelt

Appellate Division of the Supreme Court of New York, Second Department
Sep 25, 1995
219 A.D.2d 694 (N.Y. App. Div. 1995)

Opinion

September 25, 1995

Appeal from the Supreme Court, Putnam County (Hickman, J.).


Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, and the fourth and fifth decretal paragraphs thereof are deleted.

Since the appointment of a Law Guardian in a custody proceeding is discretionary (see, Matter of Del Sordo v Maholsic, 199 A.D.2d 1038, 1039; Frizzell v Frizzell, 177 A.D.2d 825; Matter of Evans v Evans, 127 A.D.2d 998), the court exceeded its authority in appointing Charles Brofman as the Law Guardian for any and all future proceedings involving the parties' child. The determination as to whether a Law Guardian will be necessary in a future proceeding should be made at the time of the proceeding.

Although a court may retain jurisdiction over the enforcement of the provisions of a divorce judgment (see, Matter of Silane v Silane, 173 A.D.2d 708; Matter of H.H. v P.G., 156 Misc.2d 730), it was improper for the court to direct that all future proceedings involving the child, not necessarily related to the enforcement of the judgment, must be maintained in Putnam County. Sullivan, J.P., Miller, Copertino, Joy and Friedmann, JJ., concur.


Summaries of

Blauvelt v. Blauvelt

Appellate Division of the Supreme Court of New York, Second Department
Sep 25, 1995
219 A.D.2d 694 (N.Y. App. Div. 1995)
Case details for

Blauvelt v. Blauvelt

Case Details

Full title:STEPHANIE BLAUVELT, Appellant, v. JOEL BLAUVELT, Respondent

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

Date published: Sep 25, 1995

Citations

219 A.D.2d 694 (N.Y. App. Div. 1995)
631 N.Y.S.2d 760

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