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Welch v. Lapp

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 8, 1988
139 A.D.2d 969 (N.Y. App. Div. 1988)

Opinion

April 8, 1988

Appeal from the Seneca County Family Court, Dugan, J.

Present — Denman, J.P., Boomer, Green, Lawton and Davis, JJ.


Order unanimously reversed on the law without costs and petition dismissed. Memorandum: Family Court erred in deciding the issue of the temporary custody of Jeremy and Jillene Lapp. Robin Lapp, the children's mother, was awarded custody of the children in a divorce decree which also provided that all future matters relative to custody must be referred to Supreme Court. Thus, Family Court had no subject matter jurisdiction to determine custody (Family Ct Act § 115 [b]; § 447 [a]; § 467 [b]; Harrington v. Harrington, 60 A.D.2d 982, 983). Family Court also erred in awarding Edward Welch, Jr., temporary custody of Jennifer Welch because the court failed to hold a full best interests hearing (Obey v. Degling, 37 N.Y.2d 768, 769-770; Biagi v. Biagi, 124 A.D.2d 770, 771; Bellinger v. Bellinger, 109 A.D.2d 1104; Matter of Blake v. Blake, 106 A.D.2d 916).


Summaries of

Welch v. Lapp

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 8, 1988
139 A.D.2d 969 (N.Y. App. Div. 1988)
Case details for

Welch v. Lapp

Case Details

Full title:In the Matter of EDWARD WELCH, JR., Respondent, v. ROBIN LAPP, Appellant…

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

Date published: Apr 8, 1988

Citations

139 A.D.2d 969 (N.Y. App. Div. 1988)