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Matter of Davis v. McIntosh

Appellate Division of the Supreme Court of New York, First Department
Mar 29, 1994
202 A.D.2d 354 (N.Y. App. Div. 1994)

Opinion

March 29, 1994

Appeal from the Family Court, Bronx County (Richard Ross, J.).


Order of said court and Judge entered July 30, 1993, granting respondent $6,460 in counsel fees, unanimously affirmed.

Order of said court and Judge entered July 30, 1993, granting respondent an order of protection against petitioner, unanimously affirmed.

Custody determinations are ordinarily a matter of discretion for the hearing court, and the hearing court's determination should be accorded deference on appeal (Matter of Maureen G. v Nicolae G., 199 A.D.2d 267). The hearing court's conclusions should not be disturbed unless they cannot be upheld under any fair interpretation of the evidence, especially where, as here, there are significant questions of credibility (Matter of Bogert v. Rickard, 199 A.D.2d 587). Here, the record supports the award of sole custody of the 2 1/2 year old child to respondent mother as being in the best interests of the child (Russo v. Maier, 196 A.D.2d 720).

We have reviewed petitioner's remaining arguments and find them to be without merit.

Concur — Ellerin, J.P., Wallach, Kupferman, Rubin and Williams, JJ.


Summaries of

Matter of Davis v. McIntosh

Appellate Division of the Supreme Court of New York, First Department
Mar 29, 1994
202 A.D.2d 354 (N.Y. App. Div. 1994)
Case details for

Matter of Davis v. McIntosh

Case Details

Full title:In the Matter of VINCENT P. DAVIS, Appellant, v. HOWARDINE E. McINTOSH…

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

Date published: Mar 29, 1994

Citations

202 A.D.2d 354 (N.Y. App. Div. 1994)
610 N.Y.S.2d 777

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