From Casetext: Smarter Legal Research

Matter of Cleary

Appellate Division of the Supreme Court of New York, Second Department
Jul 30, 1984
103 A.D.2d 845 (N.Y. App. Div. 1984)

Opinion

July 30, 1984

In a proceeding pursuant to article 10 of the Family Court Act, the appeals are from (1) an order of the Family Court, Nassau County (Collins, J.), dated June 28, 1982, which declared that Claudia C. was a neglected child and (2) a further order of the same court dated August 31, 1983, which, inter alia, gave physical custody of the child to her father.


¶ Appeal from order dated June 28, 1982, dismissed, without costs or disbursements (see Family Ct Act, § 1112).

¶ Order dated August 31, 1983, affirmed, without costs or disbursements.

¶ In proceedings of this type "the findings of the nisi prius court must be accorded the greatest respect" ( Matter of Irene O., 38 N.Y.2d 776, 777). Based upon the testimony before her, the Family Court Judge could reasonably have found that appellant had inflicted or allowed excessive corporal punishment to be inflicted (see Matter of Monroe v. Blum, 90 A.D.2d 572; Matter of John G., 89 A.D.2d 704; cf. Matter of Eric G., 99 A.D.2d 835) and that her personal life-style was not compatible with the rearing of children ( Matter of Ray A.M., 37 N.Y.2d 619, 624; Freiman v. Freiman, 99 A.D.2d 765; Matter of Rodolfo "CC" v. Susan "CC", 37 A.D.2d 657). We are convinced that the disposition made is in the child's best interests. Titone, J.P., Mangano, Gibbons and O'Connor, JJ., concur.


Summaries of

Matter of Cleary

Appellate Division of the Supreme Court of New York, Second Department
Jul 30, 1984
103 A.D.2d 845 (N.Y. App. Div. 1984)
Case details for

Matter of Cleary

Case Details

Full title:In the Matter of CLAUDIA C. JOHN J. CLEARY, Respondent; LYDIA G., Appellant

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

Date published: Jul 30, 1984

Citations

103 A.D.2d 845 (N.Y. App. Div. 1984)

Citing Cases

Matter of Tiffany

Only respondent appeals. Family Court's determination of the credibility of the witnesses is entitled to…

In re Tami G.

We find ample basis within the record to sustain Family Court's decision (see, Northern Westchester…