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Matter of Irbauch v. Irbauch

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1996
226 A.D.2d 379 (N.Y. App. Div. 1996)

Opinion

April 1, 1996

Appeal from the Family Court, Kings County (Martinez-Perez, J.).


Ordered that the order is affirmed, without costs or disbursements.

Custody matters are within the sound discretion of the Family Court, and its findings should be accorded great deference on appeal since that court was in the best position to evaluate the testimony, character, and sincerity of the parties ( see, Eschbach v. Eschbach, 56 N.Y.2d 167, 173-174; Matter of Takeo Kaji v. Li Hwa Chen, 224 A.D.2d 423; Carlin v. Carlin, 217 A.D.2d 679; Klat v. Klat, 176 A.D.2d 922, 923; cf., Matter of Salvati v Salvati, 221 A.D.2d 541). Thus, the Family Court's custody determination should not be disturbed unless it lacks a sound and substantial basis in the record ( see, Matter of Takeo Kaji v. Li Hwa Chen, supra; Igbal v. Igbal, 214 A.D.2d 702; Matter of Guillermo v. New York City Commr. of Social Servs., 210 A.D.2d 416; Klat v. Klat, supra, at 923).

We find no basis to disturb the Family Court's custody determination in this case. The record supports the Family Court's finding that it is in the best interests of the children for their father to have custody of them ( see, Eschbach v Eschbach, supra, at 171; Matter of Takeo Kaji v. Li Hwa Chen, supra; Matter of Gago v. Acevedo, 214 A.D.2d 565, 566; see also, Matter of Salvati v. Salvati, supra). Balletta, J.P., Sullivan, Joy and Krausman, JJ., concur.


Summaries of

Matter of Irbauch v. Irbauch

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1996
226 A.D.2d 379 (N.Y. App. Div. 1996)
Case details for

Matter of Irbauch v. Irbauch

Case Details

Full title:In the Matter of RACQUEL IRBAUCH, Appellant, v. DAVID IRBAUCH, Respondent

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

Date published: Apr 1, 1996

Citations

226 A.D.2d 379 (N.Y. App. Div. 1996)
640 N.Y.S.2d 768

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