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Matter of Pabon v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
Jul 28, 1997
241 A.D.2d 550 (N.Y. App. Div. 1997)

Opinion

July 28, 1997

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


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

In adjudicating custody and visitation rights, the most important factor for the court to consider is the best interests of the children (see, Eschbach v. Eschbach, 56 N.Y.2d 167), which requires an evaluation of the "totality of the circumstances" (Friederwitzer v. Friederwitzer, 55 N.Y.2d 89, 95). Since the hearing court's custody determination is largely dependent upon an assessment of the credibility of the witnesses and upon the character, temperament, and sincerity of the parents, its determination is accorded the greatest respect and should not be disturbed unless it lacks a sound and substantial basis in the record (see, Matter of Schmidt v. Schmidt, 234 A.D.2d 465).

Upon our review of the record, we are satisfied that the court considered the appropriate factors in determining what was in the best interests of the children, and that the court's decision to award custody to the mother had a sound and substantial basis in the record.

Mangano, P. J., Thompson, Pizzuto, Altman and Krausman, JJ., concur.


Summaries of

Matter of Pabon v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
Jul 28, 1997
241 A.D.2d 550 (N.Y. App. Div. 1997)
Case details for

Matter of Pabon v. Martinez

Case Details

Full title:In the Matter of JOHNNY PABON, Appellant, v. JUANITA MARTINEZ, Respondent

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

Date published: Jul 28, 1997

Citations

241 A.D.2d 550 (N.Y. App. Div. 1997)
664 N.Y.S.2d 723

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