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Hambelton v. Palmer

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 6, 1967
27 A.D.2d 978 (N.Y. App. Div. 1967)

Opinion

April 6, 1967

Appeal from the Monroe County Family Court.

Present — Williams, P.J., Bastow, Goldman, Henry and Marsh, JJ.


Order unanimously reversed and a new trial granted, without costs. Memorandum: This matter was hastily decided and not fully explored. There was no effort to ascertain the wishes and desires of the children involved. This does not necessarily mean that they should have been called as witnesses, but they could have been interviewed by an appropriate agency and their desires made known to the court and the attorneys. ( Gallaher v. Bencene, 27 A.D.2d 690.) This estranged husband recorded telephone calls to his wife without letting her know of the recordations. In these calls he goaded her into making intemperate replies, obviously in preparation for an effort to avoid supporting his children. These activities are far from commendable. The proceeding should be retried before another Judge.


Summaries of

Hambelton v. Palmer

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 6, 1967
27 A.D.2d 978 (N.Y. App. Div. 1967)
Case details for

Hambelton v. Palmer

Case Details

Full title:NANCY HAMBELTON, Appellant, v. JOHN S. PALMER, Respondent

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

Date published: Apr 6, 1967

Citations

27 A.D.2d 978 (N.Y. App. Div. 1967)

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