Schultz v. Lubinskas

Appellate Division of the Supreme Court of New York

Schultz v. Lubinskas

276 A.D.2d 494, 714 N.Y.S.2d 240, 2000 N.Y. App. Div. LEXIS 9883

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

DecidedOctober 2, 2000

StatusPublished

This text of 276 A.D.2d 494 (Schultz v. Lubinskas) 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

Schultz v. Lubinskas, 276 A.D.2d 494, 714 N.Y.S.2d 240, 2000 N.Y. App. Div. LEXIS 9883 (N.Y. Ct. App. 2000).

Pincite

Opinion

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Orange County (Bivona, J.), entered January 20, 2000, as, after a hearing, awarded custody of the parties’ two infant children to the father.

Ordered that the notice of appeal from a decision dated January 7, 2000, is deemed a premature notice of appeal from the order (see, CPLR 5520 [c]); and it is further,

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the respondent is awarded one bill of costs.

Contrary to the appellant’s contention, the Family Court’s determination that the interests of the children were best served by awarding custody to the father is supported by the record (see, Eschbach v Eschbach, 56 NY2d 167).

The appellant’s remaining contention is unpreserved for appellate review. Ritter, J. P., Santucci, Altman and Schmidt, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI