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Matter of Sajous v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 2000
269 A.D.2d 601 (N.Y. App. Div. 2000)

Opinion

Argued January 3, 2000

February 28, 2000

In a custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Westchester County (Cooney, J.), entered November 17, 1998, which awarded custody of the child to the paternal grandmother and limited the mother's visitation to a supervised visitation program.

Mark Diamond, New York, N.Y., for appellant.

David M. Rosoff, Harrison, N.Y., for respondent.

John A. Pappalardo, White Plains, N.Y., Law Guardian for the child.

GUY JAMES MANGANO, P.J., LAWRENCE J. BRACKEN, DANIEL W. JOY, HOWARD MILLER, JJ.


DECISION ORDER

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

The record provides a sound and substantial basis for the Family Court's conclusion that "extraordinary circumstances" existed (see, Matter of Bennett v. Jeffreys, 40 N.Y.2d 543, 544 ), and that it was in the best interests of the child to award custody to the paternal grandmother (see, Eschbach v. Eschbach, 56 N.Y.2d 167 ;Maloney v. Maloney, 208 A.D.2d 603 ). The record also supports the court's determination that the mother's visitation should be limited to a supervised program (see, Friederwitzer v. Friedwitzer, 55 N.Y.2d 89 ; Matter of Laura A.K. v. Timothy M., 204 A.D.2d 325 ).

The mother's remaining contention is without merit.


Summaries of

Matter of Sajous v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 2000
269 A.D.2d 601 (N.Y. App. Div. 2000)
Case details for

Matter of Sajous v. Smith

Case Details

Full title:In the Matter of MAXINE SAJOUS, respondent, v. RHONDA SMITH, appellant

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

Date published: Feb 28, 2000

Citations

269 A.D.2d 601 (N.Y. App. Div. 2000)
704 N.Y.S.2d 823