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Matter of Battaglia v. Hopkins

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 2001
280 A.D.2d 953 (N.Y. App. Div. 2001)

Opinion

February 7, 2001.

Appeal from Order of Niagara County Family Court, Fricano, J. — Custody.

PRESENT: PIGOTT, JR., P.J., GREEN, HAYES, SCUDDER AND KEHOE, JJ.


Order unanimously affirmed without costs.

Memorandum:

Petitioner father, who previously had been awarded custody of the parties' two children, commenced a proceeding seeking permission to relocate to North Carolina with the children, and respondent mother cross-petitioned for sole custody. Family Court denied the petition and cross petition, and petitioner appeals. The court properly considered the opinions of the expert ( see, Salerno v Salerno, 273 A.D.2d 818) and the Law Guardian ( see generally, Matter of Perry v. Perry, 194 A.D.2d 837, 838) and applied the factors set forth in Matter of Tropea v. Tropea ( 87 N.Y.2d 727, 740-741) in denying the petition to relocate. "The determination of the trial court, which heard and observed the witnesses, is entitled to great deference and should not be disturbed where, as here, it had a sound and substantial basis in the record" ( Salerno v. Salerno, supra, at 818).


Summaries of

Matter of Battaglia v. Hopkins

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 2001
280 A.D.2d 953 (N.Y. App. Div. 2001)
Case details for

Matter of Battaglia v. Hopkins

Case Details

Full title:MATTER OF JOSEPH BATTAGLIA, PETITIONER-APPELLANT, v. KIMBERLY HOPKINS…

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

Date published: Feb 7, 2001

Citations

280 A.D.2d 953 (N.Y. App. Div. 2001)
720 N.Y.S.2d 870

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