I represented the father in Felty v. Felty in the Appellate Division, Second Department, and I write to clarify my comments on the Court’s opinion which was published in the Law Journal on July 21.

I did not mean to suggest that the Appellate Division decision was not principled or fair. I intended to note that the father argued that the mother’s allegations of domestic violence lacked verisimilitude; and that he also argued that the mother’s admitted misrepresentations to the father as to her intention to reconcile were not fair to him, insofar as the result was that the Court tacked the Kentucky parental access time period onto the mother’s six-month residency period. Although the Appellate Division decision did not accept the father’s arguments, neither the father nor I meant to accuse the Appellate Division of unfairness.

Robert G. Smith
Manhattan