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Takeo Kaji v. Li Hwa Chen

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 423 (N.Y. App. Div. 1996)

Opinion

February 5, 1996

Appeal from the Family Court, Queens County (Gage, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

Custody matters are within the discretion of the Family Court, and its findings should be accorded great deference on appeal since the Family 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; Carlin v. Carlin, 217 A.D.2d 679; Klat v. Klat, 176 A.D.2d 922, 923). Thus, its determination should not be disturbed unless it lacks a sound and substantial basis in the record (see, Iqbal v. Iqbal, 214 A.D.2d 702; Matter of Guillermo R. 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 determination in this case. It is in the best interests of the child to be placed with his father (see, Eschbach v. Eachbach, supra, at 171).

The mother's remaining contentions are without merit. Bracken, J.P., Altman, Hart and Goldstein, JJ., concur.


Summaries of

Takeo Kaji v. Li Hwa Chen

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 423 (N.Y. App. Div. 1996)
Case details for

Takeo Kaji v. Li Hwa Chen

Case Details

Full title:In the Matter of TAKEO KAJI, Respondent, v. LI HWA CHEN, Appellant

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

Date published: Feb 5, 1996

Citations

224 A.D.2d 423 (N.Y. App. Div. 1996)
637 N.Y.S.2d 754

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