Appellate Division of the Supreme Court of New York, 1956

Acker v. Aveyard

Acker v. Aveyard
Appellate Division of the Supreme Court of New York · Decided July 10, 1956
2 A.D.2d 795; 154 N.Y.S.2d 433; 1956 N.Y. App. Div. LEXIS 4685
Acker v. Aveyard

Opinion of the Court

Motion to amend decision of May 19, 1956 denied. In reversing the order on the facts as well as the law and directing a new trial, the court evaluated the record then before it on the weight of evidence and the decision does not require the Children’s Court Judge on a new record to decide the case one way or the other. He is free to reach that conclusion based on his own judgment of what the new record may disclose. Bergan, J. P., Coon, Halpern, Zeller and Gibson, JJ., concur. [See ante, p. 633.]

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