New York Court of Appeals, 1979

Corradino v. Corradino

New York Court of Appeals · Decided December 11, 1979

48 N.Y.2d 894; 400 N.E.2d 1338; 424 N.Y.S.2d 886; 1979 N.Y. LEXIS 2512

Cases that cite this one

25 later published cases cite this decision.

People v. Moreno (N.Y. 1987)
Lopez v. Criminal Court (District Court, S.D. New York 1983)
Murray v. Murray (Appellate Division of the Supreme Court of New York 1980)
People v. Roshia (Appellate Division of the Supreme Court of New York 2022)
People v. Lewis (New York Supreme Court 1995)
Aida G. v. Carlos P. (NYC Family Court 1994)
Matter of Murphy (N.Y. 1993)
Murray v. National Broadcasting Co (Appellate Division of the Supreme Court of New York 1991)
Agosh v. Town of Cicero Board of Assessment Review (New York Supreme Court 1991)
Grant v. Senkowski (Appellate Division of the Supreme Court of New York 1989)
People v. Rieman (Appellate Division of the Supreme Court of New York 1988)
People v. Smith (Appellate Division of the Supreme Court of New York 1986)
People v. Smith (N.Y. 1984)
Aldous v. Aldous (Appellate Division of the Supreme Court of New York 1984)
Freiman v. Freiman (Appellate Division of the Supreme Court of New York 1984)
Lenny M. J. v. Luis V. (Appellate Division of the Supreme Court of New York 1984)
Friederwitzer v. Friederwitzer (N.Y. 1982)
Eschbach v. Eschbach (N.Y. 1982)
Friederwitzer v. Friederwitzer (Appellate Division of the Supreme Court of New York 1981)
Cook v. Lang (Appellate Division of the Supreme Court of New York 1981)
Cummings v. Christensen (NYC Family Court 1981)
Martin v. Martin (Appellate Division of the Supreme Court of New York 1980)
De Francesco v. MacNary (Appellate Division of the Supreme Court of New York 1980)
In re Martello (Appellate Division of the Supreme Court of New York 1980)
People v. Zappacosta (Appellate Division of the Supreme Court of New York 1980)

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

OPINION OF THE COURT

Memorandum.

We affirm, with costs, for the reasons stated on the opinion of Mr. Presiding Justice A. Franklin Mahoney at the Appellate Division (64 AD2d 320). As the court said in Matter of Nehra v Uhlar (43 NY2d 242, 251), "Priority, not as an absolute but as a weighty factor, should, in the absence of extraordinary circumstances, be accorded to the first custody awarded in litigation or by voluntary agreement” (emphasis supplied).

We would also note that, because the attorney for the petitioner husband was associated with the same law firm as was the Trial Judge prior to her designation to the Bench, the respondent wife asked the Judge to recuse herself. That application was denied. Though there is no canon of judicial ethics which specifically requires disqualification under these circumstances, we believe it the better practice for the court to have disqualified itself and thus to maintain the appearance of impartiality.

*896Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.