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Garvar v. Faltings

Appellate Division of the Supreme Court of New York, Second Department
Nov 29, 1976
54 A.D.2d 971 (N.Y. App. Div. 1976)

Opinion

November 29, 1976


In consolidated proceedings, the appeal, as limited by appellant's brief, is from so much of an order of the Family Court, Nassau County, dated October 24, 1975, as, after a hearing, dismissed the appellant's petition seeking enforcement of a stipulation which was incorporated by reference, but not merged into, a judgment of divorce, which requires the respondent to exercise her best efforts to make the children of the marriage practice Catholicism. Order affirmed insofar as appealed from, without costs or disbursements. The primary concern of the court in this case is the welfare of the children (see Matter of Paolella v Phillips, 27 Misc.2d 763; Finlay v Finlay, 240 N.Y. 429). A review of the record reveals that the Family Court properly exercised its discretion in denying judicial enforcement of the stipulation. Cohalan, Acting P.J., Rabin, Shapiro and O'Connor, JJ., concur.


Summaries of

Garvar v. Faltings

Appellate Division of the Supreme Court of New York, Second Department
Nov 29, 1976
54 A.D.2d 971 (N.Y. App. Div. 1976)
Case details for

Garvar v. Faltings

Case Details

Full title:CAROLE GARVAR, Respondent, v. JOHN FALTINGS, Appellant. JOHN FALTINGS…

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

Date published: Nov 29, 1976

Citations

54 A.D.2d 971 (N.Y. App. Div. 1976)

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