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Matter of Gallup v. O'Connor

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1991
175 A.D.2d 653 (N.Y. App. Div. 1991)

Opinion

July 12, 1991

Appeal from the Onondaga County Family Court, McLaughlin, J.

Present — Callahan, J.P., Doerr, Green, Pine and Lowery, JJ.


Order unanimously affirmed without costs. Memorandum: On appeal from an order awarding custody of respondent's three-year-old daughter, who was born out of wedlock, to petitioner, the child's father, respondent argues that Family Court abused its discretion by excusing the law guardian, appointed by the court pursuant to Family Court Act § 249 (a), on the second day of the two-day custody trial (see, Matter of Evans v Evans, 127 A.D.2d 998, 999). In finding that respondent was unfit, the court went far beyond the standard necessary for an award of custody between parents. That standard, the best interest of the child, clearly was met by the evidence in this case (see generally, Eschbach v Eschbach, 56 N.Y.2d 167, 171-174). Although we conclude that Family Court erred in excusing the law guardian and continuing the trial in his absence, on this record we find that such error does not require reversal.


Summaries of

Matter of Gallup v. O'Connor

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1991
175 A.D.2d 653 (N.Y. App. Div. 1991)
Case details for

Matter of Gallup v. O'Connor

Case Details

Full title:In the Matter of RICARDO D. GALLUP, Respondent, v. NICOLE O'CONNOR…

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

Date published: Jul 12, 1991

Citations

175 A.D.2d 653 (N.Y. App. Div. 1991)
573 N.Y.S.2d 939

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