Boyke v. Charles

Appellate Division of the Supreme Court of New York

Boyke v. Charles

77 A.D.3d 937, 909 N.Y.S.2d 391

Appellate Division of the Supreme Court of the State of New York·Decided October 26, 2010·Published

Opinion

In related custody proceedings pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Queens County (O’Connor, J.), dated October 8, 2009, which, after a hearing, awarded sole custody of the subject child to the mother.

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

Contrary to the father’s contentions, the Family Court’s de[938]*938termination that the best interests of the child would be served by an award of sole custody to the mother was supported by a sound and substantial basis in the record and should not be disturbed (see Eschbach v Eschbach, 56 NY2d 167 [1982]; Matter of Garcia v Becerra, 68 AD3d 864 [2009]).

The father’s remaining contentions are without merit. Mastro, J.P., Leventhal, Hall and Lott, JJ., concur.

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In related custody proceedings pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Queens County (O’Connor, J.), dated October 8, 2009, which, after a hearing, awarded sole custody of the subject child to the mother.

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

Contrary to the father’s contentions, the Family Court’s de[938]*938termination that the best interests of the child would be served by an award of sole custody to the mother was supported by a sound and substantial basis in the record and should not be disturbed (see Eschbach v Eschbach, 56 NY2d 167 [1982]; Matter of Garcia v Becerra, 68 AD3d 864 [2009]).

The father’s remaining contentions are without merit. Mastro, J.P., Leventhal, Hall and Lott, JJ., concur.

Boyke v. Charles, 77 A.D.3d 937, 909 N.Y.S.2d 391 (N.Y. Ct. App. 2010).

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Opinion

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