KELLY v. KELLY


53 A.D.2d 884 (1976)

Paula J. Kelly, Appellant, v. Michael R. Kelly, Respondent

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

July 12, 1976


Order reversed insofar as appealed from, with $50 costs and disbursements, and action remanded to the Supreme Court for the holding of a new plenary hearing and a new determination on the issue of custody.

In the interim, custody remains with the defendant pursuant to the terms of the fifth decretal paragraph contained in the judgment of divorce of the Supreme Court, Richmond County, entered September 17, 1975, with the visitation provisions contained therein to remain...

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