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Matter of McCabe v. McCabe

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 501 (N.Y. App. Div. 1997)

Opinion

May 5, 1997

Appeal from the Family Court, Kings County (Cordova, J.).


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

"The evaluation of the various factors to be taken into account in deciding a custody question is best made by the trial court which is in the most advantageous position to evaluate the testimony, character, and sincerity of the parties ( see, Eschbach v. Eschbach, 56 N.Y.2d 167). Custody matters are ordinarily within the discretion of the trial court and its findings are entitled to the greatest respect ( see, Matter of Irene O., 38 N.Y.2d 776, 777), unless they lack a sound and substantial basis in the record ( see, Matter of Gloria S. v. Richard B., 80 A.D.2d 72, 76)" ( Klat v. Klat, 176 A.D.2d 922, 923).

The testimony of the court-appointed psychiatrist supported the Family Court's determination to award custody, subject to future modification, to the father. We see no basis to overturn that determination ( see, Matter of Benjamin B., 234 A.D.2d 457; Klat v. Klat, supra).

Bracken, J.P., Pizzuto, Florio and McGinity, JJ., concur.


Summaries of

Matter of McCabe v. McCabe

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 501 (N.Y. App. Div. 1997)
Case details for

Matter of McCabe v. McCabe

Case Details

Full title:In the Matter of STACEY McCABE, Appellant, v. STEPHEN McCABE, Respondent

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

Date published: May 5, 1997

Citations

239 A.D.2d 501 (N.Y. App. Div. 1997)
658 N.Y.S.2d 968

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