Matter of Morse v. Mignone

Full title: In the Matter of LISA MORSE, Appellant, v. THOMAS MIGNONE, Respondent

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

Date published: Jun 16, 1997

240 A.D.2d 583 (N.Y. App. Div. 1997)

659 N.Y.S.2d 791

Opinion

June 16, 1997

Appeal from the Family Court, Dutchess County (Amodeo, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

Custody matters are within the discretion of the Family Court, and its findings should be accorded great deference on appeal since it was in the best position to evaluate the testimony, character, and sincerity of the parties ( see, Eschbach v Eschbach, 56 N.Y.2d 167, 173-174; Matter of Canazon v. Canazon, 215 A.D.2d 652; Klat v. Klat, 176 A.D.2d 922, 923). Thus, its determination should not be disturbed unless it lacks a sound and substantial basis in the record ( see, Matter of Canazon v Canazon, supra; Crum v. Crum, 122 A.D.2d 771).

We find no basis to disturb the Family Court's determination in this case. It is in the best interest of the child to be placed with her father ( see, Eschbach v. Eschbach, supra, at 171).

Miller, J.P., Copertino, Sullivan and Altman, JJ., concur.