Appellate Division of the Supreme Court of New York, 1985

Bellinger v. Bellinger

Appellate Division of the Supreme Court of New York · Decided March 1, 1985

109 A.D.2d 1104; 487 N.Y.S.2d 232; 1985 N.Y. App. Div. LEXIS 47610

Cases that cite this one

7 later published cases cite this decision.

Jones v. Scaldini (Appellate Division of the Supreme Court of New York 1997)
Ideman v. Ideman (Appellate Division of the Supreme Court of New York 1990)
Welch v. Lapp (Appellate Division of the Supreme Court of New York 1988)
Robert C. R. v. Victoria R. (Appellate Division of the Supreme Court of New York 1988)
Baum v. Baum (Appellate Division of the Supreme Court of New York 1986)
In re Amy W. (Appellate Division of the Supreme Court of New York 1986)
Biagi v. Biagi (Appellate Division of the Supreme Court of New York 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

— Order unanimously modified, on the law, by deleting the provision granting temporary custody to petitioner and, as modified, affirmed, with costs. Memorandum: Family Court, based solely upon the oral arguments of counsel, improperly modified a judgment of divorce by temporarily changing custody of the infant child from the mother to the father. A court should not determine the custody of children on the basis of recriminating and controverted allegations, but only after an evidentiary hearing (see, Obey v Degling, 37 NY2d 768; Bowman v Bowman, 19 AD2d 857). (Appeal from order of Erie County Family Court, Mazur, J. — modify custody.) Present — Dillon, P. J., Doerr, Denman, Boomer and O’Donnell, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.