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In the Matter of Thomas v. Merrill

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 2002
296 A.D.2d 416 (N.Y. App. Div. 2002)

Opinion

2000-11701

Submitted June 4, 2002

July 1, 2002.

In two related child custody proceedings pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Queens County (Croiter, R.), dated November 6, 2000, as, after a hearing, awarded custody of the parties' child to the father.

Francine Shraga, Brooklyn, N.Y., for appellant.

Valerie A. Hawkins, Hempstead, N.Y., for respondent.

Leonard A. Weinberger, Kew Gardens, N.Y., Law Guardian for the child.

GLORIA GOLDSTEIN, J.P., LEO F. McGINITY, THOMAS A. ADAMS, SANDRA L. TOWNES, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

We find no basis to disturb the Family Court's award of custody of the parties' child to the father. It is well settled that in adjudicating custody and visitation rights the most important factor to be considered is the best interests of the child (see Friederwitzer v. Friederwitzer, 55 N.Y.2d 89). Moreover, the court's determination depends to a great extent upon its assessment of the credibility of the witnesses and the character, temperament, and sincerity of the parents. Therefore, the findings of the trial court must be treated with great respect unless they lack a sound and substantial basis in the record (see Matter of Gago v. Acevedo, 214 A.D.2d 565; see also Eschbach v. Eschbach, 56 N.Y.2d 167, 173-174; Amari v. Molloy, 293 A.D.2d 491 [2d Dept, Apr. 1, 2002]; Matter of Winslow v. Lott, 272 A.D.2d 406).

The mother's remaining contentions are without merit.

GOLDSTEIN, J.P., McGINITY, ADAMS and TOWNES, JJ., concur.


Summaries of

In the Matter of Thomas v. Merrill

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 2002
296 A.D.2d 416 (N.Y. App. Div. 2002)
Case details for

In the Matter of Thomas v. Merrill

Case Details

Full title:IN THE MATTER OF CLAUDE W. THOMAS, respondent, v. FELISHA MERRILL…

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

Date published: Jul 1, 2002

Citations

296 A.D.2d 416 (N.Y. App. Div. 2002)
745 N.Y.S.2d 462

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