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William S. v. Tynia C

Appellate Division of the Supreme Court of New York, First Department
May 24, 2001
283 A.D.2d 326 (N.Y. App. Div. 2001)

Opinion

May 24, 2001.

Order, Family Court, New York County (George Jurow, J.), entered on or about February 3, 2000, which, after a hearing, awarded custody of the parties' child to petitioner, unanimously affirmed, without costs.

Alicia M. Crowe, for petitioner-respondent.

Barbara D. Goldberg, for respondent-appellant.

Ann Marie Scalia, for The New York Society for the Prevention of Cruelty to Children.

Before: Nardelli, J.P., Mazzarelli, Wallach, Lerner, Friedman, JJ.


When we accord Family Court's assessment of the parties' credibility, personalities, characters and temperaments the deference required by law (see, Victor L. v. Darlene L., 251 A.D.2d 178, lv denied 92 N.Y.2d 816, citing, inter alia, Eschbach v. Eschbach, 56 N.Y.2d 167, 173), we find the award of custody in favor of petitioner has ample support in the record. Family Court properly considered the appropriate factors in making its determination, and gave appropriate weight to the testimony and recommendations of the court-appointed forensic expert and the child's guardian ad litem, and to the evidence that respondent deliberately and continuously interfered with the child's relationship with petitioner, including making a false accusation of child abuse, conduct clearly inconsistent with the child's best interests (see, Young v. Young, 212 A.D.2d 114, 115, citing Maloney v. Maloney, 208 A.D.2d 603, 603-604; David K. v. Iris K., 276 A.D.2d 421). We have considered respondent's other arguments, including that new evidence warrants a new trial, and find them to be without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

William S. v. Tynia C

Appellate Division of the Supreme Court of New York, First Department
May 24, 2001
283 A.D.2d 326 (N.Y. App. Div. 2001)
Case details for

William S. v. Tynia C

Case Details

Full title:WILLIAM S., Petitioner-Respondent, v. TYNIA C., Respondent-Appellant. …

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

Date published: May 24, 2001

Citations

283 A.D.2d 326 (N.Y. App. Div. 2001)
724 N.Y.S.2d 848

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