Matter of Kosinski v. Mahoney

Full title: In the Matter of PAUL KOSINSKI, Respondent, v. NORMA MAHONEY, Appellant

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

Date published: Sep 30, 1994

207 A.D.2d 1014 (N.Y. App. Div. 1994)

617 N.Y.S.2d 696

Opinion

September 30, 1994

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

Present — Pine, J.P., Balio, Callahan, Davis and Boehm, JJ.

Order unanimously affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Onondaga County Family Court (Buck, J.). We add only that the contention of respondent that the court erred in not obtaining a psychological evaluation is without merit. The decision whether to direct a psychological or social evaluation in a child custody dispute is within the sound discretion of the court (see, Kesseler v. Kesseler, 10 N.Y.2d 445, 452, rearg denied 11 N.Y.2d 721, mot to amend remittitur granted 11 N.Y.2d 716; Family Ct Act § 251). There is nothing in the record to indicate that the child "displayed emotional problems which would make the assistance of psychological experts necessary" (Mascoli v. Mascoli, 132 A.D.2d 653, 654; see, Matter of Clark v. Dunn, 195 A.D.2d 811, 814; cf., Giraldo v. Giraldo, 85 A.D.2d 164).