FONTAINE v. SMIELAK


92 A.D.2d 880 (1983)

Jacques Fontaine, Respondent, v. Christina Smielak, Also Known as Christina Joyce, Appellant

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

March 14, 1983


Order reversed, on the law and the facts, without costs or disbursements, custody of the infant child is awarded to the mother, and the matter is remitted to the Family Court, Rockland County, for the purpose of entering an order fixing appropriate visitation for the father.

The Family Court held that the mother denied visitation rights to the father whenever possible during the pendency of the proceeding and specifically found that "the respondent [mother] is a less...

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