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MATTER META P. GLASS v. THEODORE GLASS (01/20/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


January 20, 1969

IN THE MATTER OF META P. GLASS, APPELLANT,
v.
THEODORE GLASS, RESPONDENT

In a support proceeding, petitioner appeals from two orders of the Family Court, Westchester County, (1) one dated June 12, 1968, which inter aliadismissed the proceeding insofar as it was for her support, on the ground that she was no longer the wife of respondent because of an ex parte Nevada divorce which she, herself, had obtained and whose validity she allegedly was estopped to attack, and (2) one dated July 30, 1968, which inter aliadirected respondent to pay $15 a week for support of the child of the parties and granted respondent visitation privileges for three hours on every Saturday.

Christ, Acting P. J., Brennan, Benjamin, Munder and Martuscello, JJ., concur.

In our opinion this record is inadequate for us to make a proper determinaton of the issues. The proceeding must therefore be remitted to the Family Court for a full development of all the facts in an adversary hearing whereat, inter alia, proof may be adduced as to the psychiatric condition of the parties. Pending such hearing and a determination thereon by the Family Court, we deem it advisable, in the interest of justice and in the exercise of our discretion, that respondent continue to pay $15 a week for support of the child, but that he not be afforded visitation with the child. These interim determinations of ours are not to be taken as an expression of our opinion as to what determination should be made after a full development of the facts at an adversary hearing.

Disposition

Orders reversed, on the law and in the exercise of discretion, without costs, and proceeding remitted to the Family Court for further proceedings in accordance herewith. Pending the completion of said further proceedings and a determination thereon by the Family Court, respondent shall continue to pay $15 a week for support of the child of the parties, as set forth in the order dated July 30, 1968, and shall not be afforded visitation with the child. The findings of fact below have not been considered on these appeals.

19690120

© 1998 VersusLaw Inc.



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