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Matter of Licitra v. Licitra

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 1995
220 A.D.2d 666 (N.Y. App. Div. 1995)

Opinion

October 23, 1995

Appeal from the Family Court, Rockland County (Warren, J.).


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

The determination of the Family Court in a custody or visitation proceeding depends to a great extent upon its assessment of the credibility of the witnesses and its evaluation of the testimony and character of the parents. The court's findings, therefore, must be treated with respect unless they lack a sound and substantial basis in the record (see, Eschbach v. Eschbach, 56 N.Y.2d 167; Maloney v. Maloney, 208 A.D.2d 603).

We find no basis for disturbing the Family Court's determination in this case. The determination, which limited the mother's visitation, is supported by the record, in particular, the evidence supplied by the court-appointed psychiatrist who examined the parties and the children. Moreover, we note that the children's Law Guardian submitted a brief in support of affirmance of the determination. Altman, J.P., Hart, Friedmann and Krausman, JJ., concur.


Summaries of

Matter of Licitra v. Licitra

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 1995
220 A.D.2d 666 (N.Y. App. Div. 1995)
Case details for

Matter of Licitra v. Licitra

Case Details

Full title:In the Matter of LUCILLE LICITRA, Appellant, v. MICHAEL LICITRA, Respondent

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

Date published: Oct 23, 1995

Citations

220 A.D.2d 666 (N.Y. App. Div. 1995)
632 N.Y.S.2d 970

Citing Cases

Matter of Licitra v. Licitra

Decided March 21, 1996 Appeal from (2d Dept: 220 A.D.2d 666) MOTIONS FOR LEAVE TO APPEAL GRANTED OR…