New York Court of Appeals, 1988

Shed v. Sofia

Shed v. Sofia
New York Court of Appeals · Decided February 17, 1988
70 N.Y.2d 997; 521 N.E.2d 440; 526 N.Y.S.2d 433; 1988 N.Y. LEXIS 164

Shed v. Sofia

Opinion

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs. There is no basis upon which we can disturb the trial court’s exercise of discretion, balancing the interests of all concerned, especially the best interests of the children, or its application of the Weiss v Weiss (52 NY2d 170) extraordinary circumstances test, as affirmed by the majority at the Appellate Division.

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Hancock, Jr., and Bellacosa. Taking no part: Judge Titone.

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