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Matter of Stappenbeck v. Sitter

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 2001
280 A.D.2d 908 (N.Y. App. Div. 2001)

Opinion

February 7, 2001.

Appeal from Order of Monroe County Family Court, Miles, J.H.O. — Custody.

PRESENT: GREEN, J.P., WISNER, SCUDDER, BURNS AND LAWTON, JJ.


Order unanimously affirmed without costs.

Memorandum:

Family Court's "determination regarding custody * * *, based upon a first-hand assessment of the credibility of the witnesses after an evidentiary hearing, is entitled to great weight and will not be set aside unless it lacks an evidentiary basis in the record" ( Matter of Samuel L.J. v. Sherry H., 206 A.D.2d 886, lv denied 84 N.Y.2d 810). The record supports the court's determination that the best interests of the children would be served by continuing joint custody ( see, Matter of Meres v. Botsch, 260 A.D.2d 757, 758) and that the primary residence of the children shall be with petitioner.


Summaries of

Matter of Stappenbeck v. Sitter

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 2001
280 A.D.2d 908 (N.Y. App. Div. 2001)
Case details for

Matter of Stappenbeck v. Sitter

Case Details

Full title:MATTER OF CASEY STAPPENBECK, PETITIONER-RESPONDENT, v. DEBORAH SITTER…

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

Date published: Feb 7, 2001

Citations

280 A.D.2d 908 (N.Y. App. Div. 2001)
720 N.Y.S.2d 857

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