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Doolittle v. Doolittle

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 25, 1970
35 A.D.2d 684 (N.Y. App. Div. 1970)

Opinion

September 25, 1970

Appeal from the Monroe Family Court.

Present — Goldman, P.J., Del Vecchio, Witmer, Gabrielli and Bastow, JJ.


Orders of January 7, 1970 and February 11, 1970 unanimously reversed on the law and the facts and in the exercise of discretion and petition dismissed, without costs. Memorandum: The home of each parent appears to be adequate. In view of the separation agreement and the Connecticut order embodying its terms the courts of New York should not change the custody in the absence of extraordinary change of circumstances and an immediate need of the children for such change ( Matter of Metz v. Morley, 29 A.D.2d 462; and see Matter of Alaimo, 36 Misc.2d 759). No such change of circumstances or need was shown in this case. Family Court, therefore, should not have directed respondent to make weekly payments to petitioner for the support of the children, and it was an improvident exercise of discretion to direct respondent to pay petitioner's counsel fees and expenses in the proceeding.


Summaries of

Doolittle v. Doolittle

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 25, 1970
35 A.D.2d 684 (N.Y. App. Div. 1970)
Case details for

Doolittle v. Doolittle

Case Details

Full title:PATRICIA C. DOOLITTLE, Respondent, v. WARREN J. DOOLITTLE, III, Appellant

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

Date published: Sep 25, 1970

Citations

35 A.D.2d 684 (N.Y. App. Div. 1970)

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