MATTER OF WENKE v. WENKE


219 A.D.2d 884 (1995)

632 N.Y.S.2d 54

In the Matter of Kevin M. Wenke, Respondent, v. Janet L. Wenke, Appellant

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

September 29, 1995


Motion for leave to appeal denied.

Memorandum:

Absent any showing of exigent circumstances, Family Court erred in granting an ex parte order that transferred "placement" of the parties' son to the paternal grandparents without affording respondent mother any notice or opportunity to be heard in opposition to the bare allegations made by petitioner father. Under the circumstances of this case, had a timely application been made to this Court prior to the completion...

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