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MATTER OF LA MONTE v. LA MONTE

38 A.D.2d 635 (1971)

In the Matter of Dorine La Monte, Appellant, v. Jerry La Monte, Respondent

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

December 15, 1971

Petitioner contends that it was a deprivation of her fundamental rights for the trial court to have a confidential interview with two of her children without her consent. The Court of Appeals in Matter of Lincoln v. Lincoln (24 N.Y.2d 270) determined that since the primary concern of the court is and must be the welfare and interests of the children, the rights of their parents must, in the case of conflict, yield to that superior...

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