Cancel v. Santiago

274 A.D.2d 583, 712 N.Y.S.2d 396, 2000 N.Y. App. Div. LEXIS 8320

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: July 31, 2000
• Status: Published

Opinion

—In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Suffolk County (Willen, J.H.O.), entered June 3, 1997, which, after a hearing, granted custody of the children to the father.

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

Contrary to the mother’s contention, there was a sound and substantial basis for the court’s determination (see, Matter of Lobo v Muttee, 196 AD2d 585, 587; Matter of Krebsbach v Gallagher, 181 AD2d 363; Gage v Gage, 167 AD2d 332). Therefore, we decline to substitute our discretion for that of the Family Court. S. Miller, J. P., Altman, H. Miller and Schmidt, JJ., concur.