Ludwig v. Ludwig

Appellate Division of the Supreme Court of New York

Ludwig v. Ludwig

229 A.D.2d 1021, 646 N.Y.S.2d 471, 1996 N.Y. App. Div. LEXIS 9104

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

DecidedJuly 12, 1996

StatusPublished

This text of 229 A.D.2d 1021 (Ludwig v. Ludwig) 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

Ludwig v. Ludwig, 229 A.D.2d 1021, 646 N.Y.S.2d 471, 1996 N.Y. App. Div. LEXIS 9104 (N.Y. Ct. App. 1996).

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Opinion

—Order unanimously affirmed without costs. Memorandum: In matters of child custody, "[t]he trial court’s determination, based upon a firsthand assessment of the credibility of witnesses and of the character and temperament of the parents, is entitled to great weight on appeal and should not be lightly set aside” (Lenczycki v Lenczycki, 152 AD2d 621, 623). Family Court determined that, despite the ongoing depression suffered by respondent and the effects of prescribed psychotropic medications on her, the children’s interests would be best served by continuing the existing custody arrangement (see, Lenczycki v Lenczycki, supra; cf., Matter of Kamholtz v Kovary, 210 AD2d 813; Nir v Nir, 172 AD2d 651, lv dismissed 78 NY2d 952; Matter of Huehn v Huehn, 103 AD2d 884). That determination, made after "a careful and studied review of all the relevant factors”, is sup-

[1022]*1022ported by the evidence and will not be disturbed (Eschbach v Eschbach, 56 NY2d 167, 174). (Appeal from Order of Wayne County Family Court, Strobridge, J.—Custody.) Present— Green, J. P., Lawton, Wesley, Doerr and Davis, JJ.

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—Order unanimously affirmed without costs. Memorandum: In matters of child custody, "[t]he trial court’s determination, based upon a firsthand assessment of the credibility of witnesses and of the character and temperament of the parents, is entitled to great weight on appeal and should not be lightly set aside” (Lenczycki v Lenczycki, 152 AD2d 621, 623). Family Court determined that, despite the ongoing depression suffered by respondent and the effects of prescribed psychotropic medications on her, the children’s interests would be best served by continuing the existing custody arrangement (see, Lenczycki v Lenczycki, supra; cf., Matter of Kamholtz v Kovary, 210 AD2d 813; Nir v Nir, 172 AD2d 651, lv dismissed 78 NY2d 952; Matter of Huehn v Huehn, 103 AD2d 884). That determination, made after "a careful and studied review of all the relevant factors”, is sup-

[1022]*1022ported by the evidence and will not be disturbed (Eschbach v Eschbach, 56 NY2d 167, 174). (Appeal from Order of Wayne County Family Court, Strobridge, J.—Custody.) Present— Green, J. P., Lawton, Wesley, Doerr and Davis, JJ.

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Bluebook (online)

229 A.D.2d 1021, 646 N.Y.S.2d 471, 1996 N.Y. App. Div. LEXIS 9104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ludwig-v-ludwig-nyappdiv-1996.

Opinion

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