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Matter of Michaels v. Michaels

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 10, 1999
258 A.D.2d 965 (N.Y. App. Div. 1999)

Opinion

February 10, 1999

Appeal from Order of Cayuga County Family Court, Corning, J. — Custody.

Present — Green, J. P., Pine, Wisner, Pigott, Jr., and Callahan, JJ.


Order unanimously affirmed without costs. Memorandum: The record supports Family Court's denial of the petition in which petitioner sought custody of the parties' children. The children have always resided with respondent, and there is no evidence that continuing to reside with her is not in their best interests. Contrary to the contention of petitioner, he has not been deprived of meaningful access to the children by respondent's relocation to a town less than 30 miles from petitioner's residence ( see, Matter of Schouten v. Schouten, 155 A.D.2d 461, 462, lv denied 74 N.Y.2d 616; Murphy v. Murphy, 145 A.D.2d 857).


Summaries of

Matter of Michaels v. Michaels

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 10, 1999
258 A.D.2d 965 (N.Y. App. Div. 1999)
Case details for

Matter of Michaels v. Michaels

Case Details

Full title:IN THE MATTER OF GREGORY MICHAELS, Appellant, v. MARY MICHAELS, Respondent

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

Date published: Feb 10, 1999

Citations

258 A.D.2d 965 (N.Y. App. Div. 1999)
685 N.Y.S.2d 501