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Kresnicka v. Kresnicka

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1975
48 A.D.2d 929 (N.Y. App. Div. 1975)

Opinion

June 30, 1975


In an action in which a judgment of the Supreme Court, Queens County, was entered, inter alia, granting plaintiff a divorce, she appeals from so much of an order of the same court, dated January 7, 1975, as (1) on defendant's motion amended and increased his visitation privileges and (2) denied her cross motion for various relief. Order modified by striking therefrom the second and third decretal paragraphs, which fix visitation, and defendant's motion remitted to Special Term for a hearing and a new determination in accordance herewith. As so modified, order affirmed insofar as appealed from, without costs. An order affecting visitation, like an order modifying custody, must be addressed solely to the infant's best interests (see Domestic Relations Law, § 240; People ex rel. BBB v CCC, 44 A.D.2d 617; Fernandez v Fernandez, 282 App. Div. 1043; People ex rel. Heller v Heller, 184 Misc. 709). The issue of visitation, like that of custody, may not be determined on the basis of recriminatory and controverted affidavits, but only after a full and plenary hearing (Bowman v Bowman, 19 A.D.2d 857; see, also Fernandez v Fernandez, supra; Cosentino v Cosentino, 30 A.D.2d 554; People ex rel. Homnick v Homnick, 1 A.D.2d 1024). Upon the hearing directed herein to be held, the results of certain polygraph examinations voluntarily taken by the parties will not be admissible, since their use as evidence was never agreed to (Pereira v Pereira, 35 N.Y.2d 301). Appellant's remaining contentions have been considered and have been found to be lacking in merit. Rabin, Acting P.J., Martuscello, Christ, Munder and Shapiro, JJ., concur.


Summaries of

Kresnicka v. Kresnicka

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1975
48 A.D.2d 929 (N.Y. App. Div. 1975)
Case details for

Kresnicka v. Kresnicka

Case Details

Full title:MAGDA KRESNICKA, Appellant, v. OTOMAR KRESNICKA, Respondent

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

Date published: Jun 30, 1975

Citations

48 A.D.2d 929 (N.Y. App. Div. 1975)

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