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Matter of Hill v. Rogers

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 17, 1995
213 A.D.2d 1079 (N.Y. App. Div. 1995)

Opinion

March 17, 1995

Appeal from the Jefferson County Family Court, Hunt, J.

Present — Green, J.P., Fallon, Wesley, Callahan and Balio, JJ.


Order unanimously affirmed without costs. Memorandum: "The court's determination regarding custody and visitation issues, based upon a first-hand assessment of the credibility of the witnesses after an evidentiary hearing, is entitled to great weight and will not be set aside unless it lacks an evidentiary basis in the record (see, Paul G. v. Donna G., 175 A.D.2d 236, 237; D'Errico v. D'Errico, 158 A.D.2d 503, 504; Lenczycki v Lenczycki, 152 A.D.2d 621, 623)" (Matter of Samuel L.J. v. Sherry H., 206 A.D.2d 886, lv denied 84 N.Y.2d 810). The record supports Family Court's conclusion that modification of the long-standing custody arrangement is not warranted (see, Matter of Williams v Williams, 188 A.D.2d 906; Matter of Moore v. MacRae, 177 A.D.2d 1012) and that supervised visitation with the daughter is in the best interests of the child (see, Matter of Stasi v Penagos, 209 A.D.2d 423; Matter of Samuel L.J. v. Sherry, supra).


Summaries of

Matter of Hill v. Rogers

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 17, 1995
213 A.D.2d 1079 (N.Y. App. Div. 1995)
Case details for

Matter of Hill v. Rogers

Case Details

Full title:In the Matter of CHERYL L.R. HILL, Respondent, v. CARL E. ROGERS, Appellant

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

Date published: Mar 17, 1995

Citations

213 A.D.2d 1079 (N.Y. App. Div. 1995)
625 N.Y.S.2d 991

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