Matter of Jones v. Jones

Full title: In the Matter of THOMAS H. JONES, Appellant, v. KAREN A. JONES, Respondent

Court: Court of Appeals of the State of New York

Date published: May 28, 1985

481 N.E.2d 241 (N.Y. 1985)

481 N.E.2d 241

491 N.Y.S.2d 609

Opinion

Argued April 22, 1985

Decided May 28, 1985

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Robert L. Estes, J.

Robert H. Ballan for appellant.

Robert P. Nydam for respondent.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The Appellate Division's determination that no compelling reason for change of the original custody arrangement had been shown more nearly comports with the weight of the evidence than does the contrary determination of the Family Judge. In this setting there is no abuse of discretion.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur; Judge TITONE taking no part.

Order affirmed, with costs, in a memorandum.