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Matter of Alberry v. Alberry

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 10, 1998
251 A.D.2d 1080 (N.Y. App. Div. 1998)

Opinion

June 10, 1998

Appeal from Order of Jefferson County Family Court, Schwerzmann, J. — Custody.

Present — Green, J. P., Lawton, Pigott, Jr., Callahan and Balio, JJ.


Order unanimously affirmed without costs. Memorandum: Family Court had the authority to grant petitioner father sole custody of the parties' child even though petitioner had voluntarily withdrawn his petition for such relief, respondent mother had cross-petitioned for sole custody and thus the issue was properly before the court ( see, CPLR 3017 [a]; Matter of Hermans v. Hermans, 74 N.Y.2d 876, 878). The court's award of sole custody to petitioner has a sound and substantial basis in the record ( see, Matter of Hilliard v. Peroni, 245 A.D.2d 1107).


Summaries of

Matter of Alberry v. Alberry

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 10, 1998
251 A.D.2d 1080 (N.Y. App. Div. 1998)
Case details for

Matter of Alberry v. Alberry

Case Details

Full title:In the Matter of TIMOTHY S. ALBERRY, Respondent, v. CHRISTINA J. ALBERRY…

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

Date published: Jun 10, 1998

Citations

251 A.D.2d 1080 (N.Y. App. Div. 1998)
675 N.Y.S.2d 575

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