Acquard v. Acquard, 244 A.D.2d 1010

—Motion for leave to appeal and for a stay denied. Memorandum: Contrary to the statement of Family Court, it is well settled that, absent extraordinary or exigent circumstances, temporary custody should not be transferred without an evidentiary hearing in a proceeding in which there are controverted allegations (see, Kronenberger v Kronenberger, 204 AD2d 1059; see also, Hizme v Hizme, 212 AD2d 580). The transcript of the in camera interview supports the court’s implicit finding of exigent circumstances in this case. Present—Pine, J. P., Lawton, Callahan, Doerr and Balio, JJ. (Filed Oct. 31, 1997.)

Case Details

Case Name: Acquard v. Acquard

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Nov 19, 1997

Citations: 244 A.D.2d 1010; 666 N.Y.S.2d 57; 1997 N.Y. App. Div. LEXIS 12495

Court Abbreviation: N.Y. App. Div.