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Matter of Castellano v. England

Appellate Division of the Supreme Court of New York, Second Department
Aug 21, 2000
275 A.D.2d 412 (N.Y. App. Div. 2000)

Opinion

Submitted May 30, 2000

August 21, 2000.

In a child custody proceeding pursuant to Family Court Act article 6, the father appeals, as limited by his brief, from so much of an order of the Family Court, Rockland County (Garvey, J.), dated February 9, 1998, as, after a hearing, granted custody of the parties' child to the mother.

Alicia M. Crowe, Nyack, N.Y., for appellant.

Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, ANITA R. FLORIO, HOWARD MILLER, JJ.


DECISION ORDER

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

The findings of the Family Court, after a hearing, have a sound and substantial basis in the record and should be accorded great deference on appeal (see, Matter of Ebert v. Ebert, 38 N.Y.2d 700, 703; Alanna M. v. Duncan M., 204 A.D.2d 409). It is clear that the Family Court considered the totality of the circumstances in determining that the best interests of the parties' child would be served by awarding custody to the mother (see, Eschbach v. Eschbach, 56 N.Y.2d 167). Contrary to the father's contention, the recommendation of forensic experts that he be awarded custody is not determinative, but is only one factor for the court to consider (see, Matter of Prete v. Prete, 193 A.D.2d 804, 805). Accordingly, the determination of the Family Court should not be disturbed.


Summaries of

Matter of Castellano v. England

Appellate Division of the Supreme Court of New York, Second Department
Aug 21, 2000
275 A.D.2d 412 (N.Y. App. Div. 2000)
Case details for

Matter of Castellano v. England

Case Details

Full title:IN THE MATTER OF THOMAS CASTELLANO, APPELLANT, v. KATHLEEN ENGLAND…

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

Date published: Aug 21, 2000

Citations

275 A.D.2d 412 (N.Y. App. Div. 2000)
713 N.Y.S.2d 62

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