Fittante v. Borowicz
This text of 261 A.D.2d 878 (Fittante v. Borowicz) 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.
Opinion
—Order unanimously affirmed without costs. Memorandum: Contrary to respondent’s contention, the determination granting the petition to modify the existing custody arrangement and awarding custody of the parties’ three children to petitioner has a sound and substantial basis in the record (cf., White v White, 209 AD2d 949, lv dismissed 85 NY2d 924; Fox v Fox, 177 AD2d 209, 211-212). Petitioner established that the change in custody is in the children’s best interests (see, Eschbach v Eschbach, 56 NY2d 167, 171-174; Perez v Perez, 239 AD2d 868; Matter of Ammann v Ammann, 209 AD2d 1032). (Appeal from Order of Niagara County Family Court, Figliola, J.H.O. — Custody.) Present— Denman, P. J., Green, Pine, Hayes and Hurlbutt, JJ.
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Cite This Page — Counsel Stack
261 A.D.2d 878, 689 N.Y.S.2d 915, 1999 N.Y. App. Div. LEXIS 4914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fittante-v-borowicz-nyappdiv-1999.