[Download] "State New York Ex Rel. George W. Headley" by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: State New York Ex Rel. George W. Headley
- Author : Supreme Court of New York
- Release Date : January 04, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
"[Decision] and judgment", Supreme Court, New York County (Klein, J.), dated November 18, 1981, is unanimously modified, on the law and the facts, without costs, to the extent of vacating the same and remanding the matter to Special Term for further proceedings not inconsistent herewith. The writ of habeas corpus dated September 10, 1981 shall remain in effect. Pending the determination of this proceeding, appellants are restrained from removing Barbara Whitney Headley from the State of New York or assisting her to leave the State of New York (except for brief visits) without court approval. Insofar as the judgment appealed from directs appellants to surrender Mrs. Headley to the care and custody of her husband, the judgment was improper. There is no showing that Mrs. Headley needs to be in anybodys care and custody, and it is not the function of a habeas corpus proceeding to determine the "custody" of an adult competent person. As to the issue whether Mrs. Headley was being unlawfully restrained and detained by [87 A.D.2d 511 Page 512]