SMITH v. SMITH


284 A.D. 858 (1954)

Harold Smith, Appellant, v. Mary Smith, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

September 22, 1954.


Motion to modify the order of the Special Term as to the custody of the children of the parties, denied. The motion to modify the order reaches the merits of the appeal from the order and the preferred practice is to consider the merits of the order on the appeal which, in all its aspects, should be promptly prosecuted. Motion to stay the direction in respect to counsel...

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