MARTIN v. MARTIN


308 N.Y. 136 (1954)

Malcolm Martin, Appellant, v. Clara Martin, Respondent.

Court of Appeals of the State of New York.

Decided December 31, 1954


Attorney(s) appearing for the Case

James N. Vaughan and Hugh Lincoln Hoey for appellant.

Malcolm I. Ruddock, Bertram E. Gendar and Edward A. Niles for respondent.

LEWIS, Ch. J., DYE, FULD, FROESSEL and VAN VOORHIS, JJ., concur in Per Curiam opinion; DESMOND, J., dissents in an opinion in which CONWAY, J., concurs.


Per Curiam.

After a fairly extensive hearing, at which the boy, then twelve, now fourteen, years old, testified, the Referee, appointed to hear and determine the matter, decided that the "boy's welfare" called for modification of the decree in the respects requested, and the Appellate Division affirmed. There being ample evidence to support both the finding that the youngster...

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