MATTER OF PELAEZ


8 A.D.2d 743 (1959)

In the Matter of Maria A. Pelaez and Another, Infants. Maryholt H. Maxwell, Appellant; Joseph M. Pelaez, Respondent

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

May 25, 1959


Order reversed, and proceeding remitted to the Special Term for further hearing. The welfare of children now within the jurisdiction of the courts of this State is involved. Their best interests should not be determined without a hearing.

Murphy and Hallinan, JJ., dissent and vote to affirm, with the following memorandum:

Respondent and appellant were divorced on March 1, 1955 in Havana, Cuba. The decree provided that custody of the two children involved here...

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