From Casetext: Smarter Legal Research

Gugino-Toufexis v. Toufexis

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 10, 1987
132 A.D.2d 995 (N.Y. App. Div. 1987)

Opinion

July 10, 1987

Appeal from the Supreme Court, Erie County, Heffron, J.H.O.

Present — Denman, J.P., Boomer, Balio, Lawton and Davis, JJ.


Order unanimously affirmed with costs. Memorandum: The Hearing Officer, after a lengthy trial, determined that the best interests of the parties' two daughters, ages 7 and 6, would be advanced by awarding custody to the defendant. The testimony on nearly every issue was in conflict, but a reasonable basis exists for the court's resolution of credibility issues in defendant's favor. The Hearing Officer found that the defendant was more flexible, considerate, thoughtful, and open in his concern and care for the children and would provide a more stable, calm and relaxed home environment that would positively impact on the children. In the Hearing Officer's view, defendant could better promote the emotional and intellectual development of the children in the long run and would promote the relationship of the children with plaintiff. These findings have a sound and substantial basis in the record, and it is clear that the Hearing Officer has carefully weighed those factors relevant to a determination of best interests of the children (see, Matter of Louise E.S. v. W. Stephen S., 64 N.Y.2d 946, 947; Eschbach v. Eschbach, 56 N.Y.2d 167, 172; Matter of Saunders v. Saunders, 60 A.D.2d 701). Under the circumstances, there is no basis for us to disturb the findings of the Hearing Officer (see, Pawelski v. Buchholtz, 91 A.D.2d 1200).


Summaries of

Gugino-Toufexis v. Toufexis

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 10, 1987
132 A.D.2d 995 (N.Y. App. Div. 1987)
Case details for

Gugino-Toufexis v. Toufexis

Case Details

Full title:ROSEANNE GUGINO-TOUFEXIS, Appellant, v. GEORGE TOUFEXIS, Respondent

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

Date published: Jul 10, 1987

Citations

132 A.D.2d 995 (N.Y. App. Div. 1987)

Citing Cases

Matter of J.L. v. E.L.

Therefore, the Court finds that it is the mother who has exhibited the appropriate concern for the children's…

Matter of Forjone v. Platner

Nor does it appear that the child's needs are not being met by respondent in her role as the primary…