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Uhlan v. Uhlan

283 A.D. 1013 Court N.Y. App. Div. Decision date 1954-06-01 English

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p. 1013
In the Matter of Edward Uhlan, Respondent, against Myra Uhlan, Appellant.

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

p. 1014
the 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.