From Casetext: Smarter Legal Research

In re Proceeding, Mendez v. Hance

Appellate Division of the Supreme Court of New York, First Department
Nov 20, 2003
1 A.D.3d 265 (N.Y. App. Div. 2003)

Opinion

2276

November 20, 2003.

Order, Family Court, New York County (George Jurow, J.), entered on or about August 12, 2002, which, after a trial, in this custody dispute, granted the petition to transfer custody of the subject children to petitioner father, unanimously affirmed, without costs.

Polly N. Passonneau, for respondent-appellant.

Pro Se, for Law Guardian.

Before: Tom, J.P., Saxe, Sullivan, Lerner, Friedman, JJ.


Family Court's determination in a custody matter must be accorded great respect unless it lacks a sound and substantial basis in the record (see Matter of Gago v. Acevedo, 214 A.D.2d 565; lv denied 86 N.Y.2d 706). Here, the record supports the determination of the court, which was uniquely well-situated to evaluate the credibility of the witnesses (see Matter of Brittni K., 297 A.D.2d 236, 237-238), that the best interests of the children would be served by an award of custody to the father (see Walden v. Walden, 112 A.D.2d 1035). The father met his burden to justify a change in custody, particularly in light of the evidence of the efforts of the mother and her family to estrange him from the children (see Matter of Rebecca B., 204 A.D.2d 57, 59, lv denied 84 N.Y.2d 808).

We have considered respondent mother's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Proceeding, Mendez v. Hance

Appellate Division of the Supreme Court of New York, First Department
Nov 20, 2003
1 A.D.3d 265 (N.Y. App. Div. 2003)
Case details for

In re Proceeding, Mendez v. Hance

Case Details

Full title:IN RE PROCEEDING, ETC., NEREIDA MENDEZ, Petitioner, v. RACHEL HANCE…

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

Date published: Nov 20, 2003

Citations

1 A.D.3d 265 (N.Y. App. Div. 2003)
767 N.Y.S.2d 570