New York Court of Appeals

Joan E. Kesseler v. Howard J. Kesseler

January 11, 196210 N.Y.2d 445

Summary

The New York Court of Appeals reversed the Appellate Division and remanded for a de novo custody hearing, holding that the trial court erred by considering confidential psychiatric and psychologist reports not covered by the parties' stipulation, while affirming the confidentiality of the family counsellor's report. Chief Judge Desmond dissented, arguing the alleged error was waived and the decision should be affirmed.