PEOPLE EX REL. SCHLANGER v. SCHLANGER


8 A.D.2d 801 (1959)

The People of the State of New York ex rel. Marvin J. Schlanger, Appellant, v. Jessica Schlanger, Respondent

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

June 23, 1959


Order appealed from unanimously reversed, on the law and on the facts, without costs.

The record discloses that no testimony was taken; that the order was made on the basis of the confidential investigation conducted by the family counselling unit, the report of the psychologist, and other documentary matter. The discretion of the court in these matters is "a judicial discretion, not an uncontrolled one, and its exercise must have sound and substantial basis in the...

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