Opinion
July 7, 1948.
Appeal from Supreme Court, County of Clinton.
Present — Hill, P.J., Heffernan, Brewster, Russell and Deyo, JJ.
The plaintiff's evidence, which was not incredible as a matter of law, amply supports the decision of the referee and the judgment granted thereon. The trier of the facts believed this evidence and his findings may not be disturbed. ( Boyd v. Boyd, 252 N.Y. 422.) There is no credible evidence to indicate that the court erred in granting custody of the children to the plaintiff. However, that is a matter which may again be considered if the circumstances warrant. Judgment affirmed, without costs. Judgment unanimously affirmed, without costs.