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Matter of Brown, v. Dilone

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1999
258 A.D.2d 650 (N.Y. App. Div. 1999)

Opinion

February 22, 1999

Appeal from the Family Court, Rockland County (Warren, J.).


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

It is well settled that in adjudicating custody and visitation rights, the paramount concern is the best interest of the child (see, Eschbach v. Eschbach, 56 N.Y.2d 167, 171; Friederwitzer v. Friederwitzer, 55 N.Y.2d 89, 95; Vecchiarelli v. Vecchiarelli, 238 A.D.2d 411). The court must look at the totality of circumstances (see, Friederwitzer v. Friederwitzer, supra, at 94-95). Factors to be considered are the quality of the home environment, the quality of the parental guidance, and the ability to provide for the child's emotional and intellectual development (see, Eschbach v. Eschbach, supra, at 172). Custody matters are ordinarily within the sound discretion of the hearing court and its findings are entitled to the greatest respect unless they lack a sound and substantial basis in the record (see, Vecchiarelli v. Vecchiarelli, supra; Young v. Young, 212 A.D.2d 114, 117; Maloney v. Maloney, 208 A.D.2d 603; DeJesus v. DeJesus, 208 A.D.2d 587).

There is no basis to disturb the Family Court's determination, as it is fully supported by the testimony and forensic evaluations adduced at the hearing.

The appellant's remaining contentions are without merit.

O'Brien, J. P., Joy, Krausman and Luciano, JJ., concur.


Summaries of

Matter of Brown, v. Dilone

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1999
258 A.D.2d 650 (N.Y. App. Div. 1999)
Case details for

Matter of Brown, v. Dilone

Case Details

Full title:In the Matter of TIMOTHY BROWN, Appellant, v. DEBORAH DILONE, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 22, 1999

Citations

258 A.D.2d 650 (N.Y. App. Div. 1999)
683 N.Y.S.2d 913

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