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Matter of Trentacoste v. Trentacoste

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1993
198 A.D.2d 284 (N.Y. App. Div. 1993)

Opinion

November 8, 1993

Appeal from the Family Court, Putnam County (Sweeney, J.).


Ordered that the order entered November 29, 1990, is affirmed, without costs or disbursements; and it is further,

Ordered that the amended visitation order entered April 15, 1991, is affirmed, without costs or disbursements; and it is further,

Ordered that the appeal from the order entered April 15, 1991, is dismissed as abandoned, without costs or disbursements, and on the ground that no appeal as of right lies from a nondispositional order.

The findings of the Family Court with regard to matters of custody must be accorded great respect, and should not be set aside in the absence of articulated reasons therefor (see, Eschbach v Eschbach, 56 N.Y.2d 167, 173). We find no basis to disturb the trial court's conclusion that joint legal custody is inappropriate because of the animosity between the parties and the parties' inability to put aside their differences for the good of the children (see, Braiman v Braiman, 44 N.Y.2d 584, 590; Matter of George W.S. v Donna S., 187 A.D.2d 657; Carr v Carr, 171 A.D.2d 776).

We note that the amended visitation order makes no explicit finding that the appellant violated an order of protection. Nevertheless, we find that the directions issued in the amended visitation order constituted a proper exercise of the court's discretion under the circumstances of this case.

The appeal from the nondispositional order entered April 15, 1991, is dismissed, as no appeal lies from that order as of right (see, Family Ct Act § 1112 [a]). Further, the appellant does not challenge the propriety of that order in his brief on appeal, and therefore has abandoned the appeal. Lawrence, J.P., Eiber, O'Brien and Santucci, JJ., concur.


Summaries of

Matter of Trentacoste v. Trentacoste

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1993
198 A.D.2d 284 (N.Y. App. Div. 1993)
Case details for

Matter of Trentacoste v. Trentacoste

Case Details

Full title:In the Matter of CAROL TRENTACOSTE, Respondent, v. SALVATORE TRENTACOSTE…

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

Date published: Nov 8, 1993

Citations

198 A.D.2d 284 (N.Y. App. Div. 1993)
604 N.Y.S.2d 817

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