Lynch v. Acey

Appellate Division of the Supreme Court of New York

Lynch v. Acey

281 A.D.2d 483, 721 N.Y.S.2d 786, 2001 N.Y. App. Div. LEXIS 2351

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

DecidedMarch 12, 2001

StatusPublished

Cited by11 cases

This text of 281 A.D.2d 483 (Lynch v. Acey) 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

Lynch v. Acey, 281 A.D.2d 483, 721 N.Y.S.2d 786, 2001 N.Y. App. Div. LEXIS 2351 (N.Y. Ct. App. 2001).

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Opinion

—In a custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Suffolk County (Kent, J.), entered May 13, 1999, which, after a hearing, awarded custody of the parties’ child to the father and granted her visitation.

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

It is well settled that the most important factor in adjudicating custody rights is the best interests of the child (see, Domestic Relations Law § 70; Eschbach v Eschbach, 56 NY2d 167, 171; Vecchiarelli v Vecchiarelli, 238 AD2d 411; Matter of Lazier v Gentes, 259 AD2d 618). “The general rule is that custody determinations are ordinarily a matter of discretion for the hearing court * * * and its determination will not be set aside or modified unless it lacks a sound and substantial basis” (Vecchiarelli v Vecchiarelli, supra, at 412). Contrary to the mother’s contention, the award of custody to the father has a sound and substantial basis in the record, and will not be disturbed. S. Miller, J. P., Friedmann, H. Miller and Smith, JJ., concur.

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—In a custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Suffolk County (Kent, J.), entered May 13, 1999, which, after a hearing, awarded custody of the parties’ child to the father and granted her visitation.

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

It is well settled that the most important factor in adjudicating custody rights is the best interests of the child (see, Domestic Relations Law § 70; Eschbach v Eschbach, 56 NY2d 167, 171; Vecchiarelli v Vecchiarelli, 238 AD2d 411; Matter of Lazier v Gentes, 259 AD2d 618). “The general rule is that custody determinations are ordinarily a matter of discretion for the hearing court * * * and its determination will not be set aside or modified unless it lacks a sound and substantial basis” (Vecchiarelli v Vecchiarelli, supra, at 412). Contrary to the mother’s contention, the award of custody to the father has a sound and substantial basis in the record, and will not be disturbed. S. Miller, J. P., Friedmann, H. Miller and Smith, JJ., concur.

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Bluebook (online)

281 A.D.2d 483, 721 N.Y.S.2d 786, 2001 N.Y. App. Div. LEXIS 2351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lynch-v-acey-nyappdiv-2001.

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