Prugh v. Prugh

Appellate Division of the Supreme Court of New York

Prugh v. Prugh

298 A.D.2d 569, 748 N.Y.S.2d 695, 2002 N.Y. App. Div. LEXIS 10317

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

DecidedOctober 28, 2002

StatusPublished

Cited by2 cases

This text of 298 A.D.2d 569 (Prugh v. Prugh) 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

Prugh v. Prugh, 298 A.D.2d 569, 748 N.Y.S.2d 695, 2002 N.Y. App. Div. LEXIS 10317 (N.Y. Ct. App. 2002).

Pincite

Opinion

In an action for a divorce and ancil[570]*570lary relief, the defendant mother appeals, by permission, from an order of the Supreme Court, Westchester County (Spolzino, J.), entered April 1, 2002, which, after a nonjury trial, awarded custody of the parties’ two children to the plaintiff father.

Ordered that the order is affirmed, with costs.

The evidence established that the mother interfered with the relationship between the children and the father. Such action is "so inconsistent with the best interests of the child[ren] that it raises, by itself, a strong probability that the offending party is unfit to act as a custodial parent” (Matter of Gago v Acevedo, 214 AD2d 565, 566; see Young v Young, 212 AD2d 114). Accordingly, the Supreme Court’s determination awarding custody to the father has a sound and substantial basis in the record (see Young v Young, supra).

The mother’s remaining contentions are without merit. Altman, J.P., Goldstein, McGinity and Mastro, JJ., concur.

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In an action for a divorce and ancil[570]*570lary relief, the defendant mother appeals, by permission, from an order of the Supreme Court, Westchester County (Spolzino, J.), entered April 1, 2002, which, after a nonjury trial, awarded custody of the parties’ two children to the plaintiff father.

Ordered that the order is affirmed, with costs.

The evidence established that the mother interfered with the relationship between the children and the father. Such action is "so inconsistent with the best interests of the child[ren] that it raises, by itself, a strong probability that the offending party is unfit to act as a custodial parent” (Matter of Gago v Acevedo, 214 AD2d 565, 566; see Young v Young, 212 AD2d 114). Accordingly, the Supreme Court’s determination awarding custody to the father has a sound and substantial basis in the record (see Young v Young, supra).

The mother’s remaining contentions are without merit. Altman, J.P., Goldstein, McGinity and Mastro, JJ., concur.

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Bluebook (online)

298 A.D.2d 569, 748 N.Y.S.2d 695, 2002 N.Y. App. Div. LEXIS 10317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prugh-v-prugh-nyappdiv-2002.

Opinion

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