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Matter of Palmer v. Fabry

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 10, 1999
258 A.D.2d 926 (N.Y. App. Div. 1999)

Opinion

February 10, 1999

Appeal from Order of Orleans County Family Court, Punch, J. — Custody.

Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Balio, JJ.


Order unanimously affirmed without costs. Memorandum: Family Court properly granted respondent's cross petition seeking sole custody of the parties' children. Custody determinations made by the trial court must be accorded the greatest respect and should not be disturbed where, as here, they are supported by a sound and substantial basis in the record ( see, Eschbach v. Eschbach, 56 N.Y.2d 167, 173-174; Klat v. Klat, 176 A.D.2d 922, 923). The record supports the court's determination that respondent is the more fit parent and that it is in the children's best interests to award sole custody of the children to respondent with visitation to petitioner. Under the circumstances of this case, the court properly modified the existing custody arrangement ( see generally, Eschbach v. Eschbach, supra, at 174).

We have reviewed petitioner's remaining contentions and conclude that they are without merit.


Summaries of

Matter of Palmer v. Fabry

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 10, 1999
258 A.D.2d 926 (N.Y. App. Div. 1999)
Case details for

Matter of Palmer v. Fabry

Case Details

Full title:In the Matter of MARIANNE G. PALMER, Appellant, v. CHAD H. FABRY…

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

Date published: Feb 10, 1999

Citations

258 A.D.2d 926 (N.Y. App. Div. 1999)
687 N.Y.S.2d 920