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Matter of Mohney v. Springstead [4th Dept 2001

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 21, 2001
281 A.D.2d 991 (N.Y. App. Div. 2001)

Opinion

March 21, 2001.

Appeal from Order of Chautauqua County Family Court, Claire, J. — Custody.

Before: BEFORE: PINE, J. P., WISNER, HURLBUTT, SCUDDER AND KEHOE, JJ.


Order unanimously affirmed without costs. Memorandum:

Family Court properly determined that it was in the best interests of the child to award joint custody to the parties, with physical placement of the child with petitioner, his father. In making its custody determination, the court properly considered the "child's emotional and intellectual development, the quality of the home environment and the parental guidance provided" ( Matter of Louise E.S. v. W. Stephen S., 64 N.Y.2d 946, 947), and the court was in the best position to assess the credibility of the witnesses in determining the best interests of the child ( see, Matter of Paul C. v. Tracy C., 209 A.D.2d 955, 956).


Summaries of

Matter of Mohney v. Springstead [4th Dept 2001

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 21, 2001
281 A.D.2d 991 (N.Y. App. Div. 2001)
Case details for

Matter of Mohney v. Springstead [4th Dept 2001

Case Details

Full title:MATTER OF JOSEPH W. MOHNEY, PETITIONER-RESPONDENT, v. SONIA SPRINGSTEAD…

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

Date published: Mar 21, 2001

Citations

281 A.D.2d 991 (N.Y. App. Div. 2001)
722 N.Y.S.2d 443

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