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Smith v. Smith

284 A.D. 858 Court N.Y. App. Div. Decision date 1954-09-22 English

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p. 858
Harold Smith, Appellant, v. Mary Smith, Respondent.

Motion to modify the order of the Special Term as to the custody of the children of the parties, denied. The motion to modify the order reaches the merits of the appeal from the order and the preferred practice is to consider the merits of the order on the appeal which, in all its aspects, should be promptly prosecuted. Motion to stay the direction in respect to counsel fees granted. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ. [See post, p. 1085.]