Appellate Division of the Supreme Court of New York, 1954

Uhlan v. Uhlan

Uhlan v. Uhlan
Appellate Division of the Supreme Court of New York · Decided June 1, 1954
283 A.D. 1013; 131 N.Y.S.2d 98; 1954 N.Y. App. Div. LEXIS 6130
Uhlan v. Uhlan

Opinion of the Court

Order unanimously reversed, with costs and disbursements and the proceeding remitted to Special Term for a determination, after a hearing before the court, on all the issues raised by the petition and answer. The application, involving as it does the welfare of a child, should not have been decided upon *1014the inadequate affidavits submitted herein and the mother’s request for a hearing should have been granted. (Fernandez v. Fernandez, 282 App. Div. 1043.) Settle order on notice. Present — Dore, J. P., Cohn, Callahan, Bastow and Botein, JJ.

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