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In re Dawn Milano

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 2011
82 A.D.3d 1242 (N.Y. App. Div. 2011)

Opinion

Nos. 2010-01479, (Docket Nos. V-10824-07, V-10825-07).

March 29, 2011.

In a visitation proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Suffolk County (Budd, J.), dated January 8, 2010, which, after a hearing, granted the father's motion to modify the visitation provision contained in an order of the same court dated March 10, 2008, and directed that the mother's visitation with the parties' children be supervised.

Arza Feldman, Uniondale, N.Y. (Steven A. Feldman of counsel), attorney for the children.

Before: Rivera, J.P., Dickerson, Eng and Lott, JJ.


Ordered that the order is affirmed, with costs.

"In order to modify an existing custody or visitation arrangement, there must be a showing that there has been a change in circumstances such that modification is required to protect the best interests of the child" ( Matter of Arduino v Ayuso, 70 AD3d 682, 682; see Matter of Quinones v Ibarrondo, 67 AD3d 686, 686). "The court's determination [with respect to custody and visitation] depends to a great extent upon its assessment of the credibility of the witnesses and upon the character, temperament, and sincerity of the parents" ( Matter of Blanco v Corbett, 8 AD3d 374, 374). As such, the credibility findings of the hearing court are entitled to great weight and should not be disturbed unless they lack a sound and substantial basis in the record ( see Matter of Sinnott-Turner v Kolba, 60 AD3d 774, 775; Cashel v Cashel, 46 AD3d 501). Here, contrary to the mother's contention, the Family Court's determination had a sound and substantial basis in the record.

The mother's remaining contentions are without merit.


Summaries of

In re Dawn Milano

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 2011
82 A.D.3d 1242 (N.Y. App. Div. 2011)
Case details for

In re Dawn Milano

Case Details

Full title:In the Matter of FRANCESCO MANZELLA, Respondent, v. DAWN MILANO, Appellant

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

Date published: Mar 29, 2011

Citations

82 A.D.3d 1242 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 2678
919 N.Y.S.2d 854