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John v. John

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 1995
214 A.D.2d 536 (N.Y. App. Div. 1995)

Opinion

April 3, 1995

Appeal from the Supreme Court, Rockland County (Meehan, J.).


Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly determined that, while the defendant is a competent parent, the best interests of the parties' children are served by permitting them to remain with the plaintiff (see, Matter of Ebert v Ebert, 38 N.Y.2d 700, 704; see also, Obey v Degling, 37 N.Y.2d 768, 771; Mitzner v Mitzner, 209 A.D.2d 487). Since the determination of the Supreme Court awarding the plaintiff custody of the children and limiting the visitation of the defendant is fully supported by a sound and substantial basis in the record, it shall not be disturbed on appeal (see, Eschbach v Eschbach, 56 N.Y.2d 167, 173; see also, Alanna M. v Duncan M., 204 A.D.2d 409; Kuncman v Kuncman, 188 A.D.2d 517). Copertino, J.P., Pizzuto, Joy and Friedmann, JJ., concur.


Summaries of

John v. John

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 1995
214 A.D.2d 536 (N.Y. App. Div. 1995)
Case details for

John v. John

Case Details

Full title:NORMAN JOHN, Respondent, v. VIVIAN JOHN, Appellant

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

Date published: Apr 3, 1995

Citations

214 A.D.2d 536 (N.Y. App. Div. 1995)
625 N.Y.S.2d 916

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