Ostreicher v. Pollack

Appellate Division of the Supreme Court of New York

Ostreicher v. Pollack

15 A.D.3d 664, 789 N.Y.S.2d 912, 2005 N.Y. App. Div. LEXIS 2014

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

DecidedFebruary 28, 2005

StatusPublished

This text of 15 A.D.3d 664 (Ostreicher v. Pollack) 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

Ostreicher v. Pollack, 15 A.D.3d 664, 789 N.Y.S.2d 912, 2005 N.Y. App. Div. LEXIS 2014 (N.Y. Ct. App. 2005).

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Opinion

In a child custody proceeding pursuant to Family Court Act article 6, the father appeals, as limited by his brief, from so much of an order of the Family Court, Kings County (C. Goldstein, R.), dated December 30, 2003, as vested in the mother the right to choose the school the parties’ child would attend, and denied his request for an award of an attorney’s fee.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Family Court properly determined that the mother should choose the school the subject child will attend, as this is in the best interest of the child (see Eschbach v Eschbach, 56 NY2d 167 [1982]; Friederwitzer v Friederwitzer, 55 NY2d 89 [1982]).

The father’s remaining contentions are without merit. Luciano, J.E, Crane, Fisher and Lifson, JJ., concur.

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In a child custody proceeding pursuant to Family Court Act article 6, the father appeals, as limited by his brief, from so much of an order of the Family Court, Kings County (C. Goldstein, R.), dated December 30, 2003, as vested in the mother the right to choose the school the parties’ child would attend, and denied his request for an award of an attorney’s fee.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Family Court properly determined that the mother should choose the school the subject child will attend, as this is in the best interest of the child (see Eschbach v Eschbach, 56 NY2d 167 [1982]; Friederwitzer v Friederwitzer, 55 NY2d 89 [1982]).

The father’s remaining contentions are without merit. Luciano, J.E, Crane, Fisher and Lifson, JJ., concur.

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Bluebook (online)

15 A.D.3d 664, 789 N.Y.S.2d 912, 2005 N.Y. App. Div. LEXIS 2014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ostreicher-v-pollack-nyappdiv-2005.

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