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Sims v. Starkey

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
Feb 2, 2018
2018 N.Y. Slip Op. 672 (N.Y. App. Div. 2018)

Opinion

77 CAF 16-02240

02-02-2018

IN THE MATTER OF MICHAEL SIMS, PETITIONER-RESPONDENT, v. CARRIE STARKEY, RESPONDENT-APPELLANT.

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (DANIELLE K. BLACKABY OF COUNSEL), FOR RESPONDENT-APPELLANT.


PRESENT:

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (DANIELLE K. BLACKABY OF COUNSEL), FOR RESPONDENT-APPELLANT.

Appeal from an order of the Family Court, Onondaga County (Salvatore Pavone, R.), entered September 1, 2016 in a proceeding pursuant to Family Court Act article 6. The order, among other things, modified a prior visitation order by awarding petitioner additional visitation with the subject child.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this proceeding pursuant to Family Court Act article 6, respondent mother appeals from an order that, inter alia, increased petitioner father's visitation with the subject child to three weekends per month. We affirm. Contrary to the mother's contention, Family Court's decision that such visitation is in the child's best interests is supported by a sound and substantial basis in the record (see generally Matter of Austin v Smith, 144 AD3d 1467, 1469-1470 [3d Dept 2016]; Cesario v Cesario, 168 AD2d 911, 911 [4th Dept 1990]).

Entered: February 2, 2018

Mark W. Bennett

Clerk of the Court


Summaries of

Sims v. Starkey

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
Feb 2, 2018
2018 N.Y. Slip Op. 672 (N.Y. App. Div. 2018)
Case details for

Sims v. Starkey

Case Details

Full title:IN THE MATTER OF MICHAEL SIMS, PETITIONER-RESPONDENT, v. CARRIE STARKEY…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Feb 2, 2018

Citations

2018 N.Y. Slip Op. 672 (N.Y. App. Div. 2018)