Carrigan v. Griffith

Appellate Division of the Supreme Court of New York

Carrigan v. Griffith

267 A.D.2d 1095, 700 N.Y.S.2d 786, 1999 N.Y. App. Div. LEXIS 13920

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 30, 1999

StatusPublished

This text of 267 A.D.2d 1095 (Carrigan v. Griffith) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carrigan v. Griffith, 267 A.D.2d 1095, 700 N.Y.S.2d 786, 1999 N.Y. App. Div. LEXIS 13920 (N.Y. Ct. App. 1999).

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Opinion

—Order unanimously affirmed without costs. Memorandum: Family Court did not abuse its discretion by modifying the existing joint custodial arrangement to award respondent primary physical custody. That determination “is entitled to great weight and will not be set aside unless it lacks an evidentiary basis in the record” (Matter of Samuel L. J. v Sherry H., 206 AD2d 886, lv denied 84 NY2d 810). Respondent has shown a greater interest in the child’s schooling and is better able to support the child financially (see, Fox v Fox, 177 AD2d 209, 210). (Appeal from Order of Herkimer County Family Court, LaRaia, J. — Custody.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Scudder, JJ.

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—Order unanimously affirmed without costs. Memorandum: Family Court did not abuse its discretion by modifying the existing joint custodial arrangement to award respondent primary physical custody. That determination “is entitled to great weight and will not be set aside unless it lacks an evidentiary basis in the record” (Matter of Samuel L. J. v Sherry H., 206 AD2d 886, lv denied 84 NY2d 810). Respondent has shown a greater interest in the child’s schooling and is better able to support the child financially (see, Fox v Fox, 177 AD2d 209, 210). (Appeal from Order of Herkimer County Family Court, LaRaia, J. — Custody.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Scudder, JJ.

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Bluebook (online)

267 A.D.2d 1095, 700 N.Y.S.2d 786, 1999 N.Y. App. Div. LEXIS 13920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carrigan-v-griffith-nyappdiv-1999.

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