Tania W. v. Richard B.

Appellate Division of the Supreme Court of New York

Tania W. v. Richard B.

261 A.D.2d 895, 690 N.Y.S.2d 466

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

DecidedMay 7, 1999

DocketAppeal No. 1

StatusPublished

This text of 261 A.D.2d 895 (Tania W. v. Richard B.) 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.

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Tania W. v. Richard B., 261 A.D.2d 895, 690 N.Y.S.2d 466 (N.Y. Ct. App. 1999).

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—Order unanimously affirmed without costs. Memorandum: Family Court properly granted the petition of respondent father for modification of the existing custody arrangement. The court found that the father was “more fit” than petitioner mother to care for the [896]*896parties’ five-year-old child based upon proof that the mother had physically abused the child (see, Matter of Tracy V. v Donald W., 220 AD2d 888, 889). The court’s factual findings are supported by the record and are entitled to great deference (see, Matter of Mikolinski v Farnsworth, 249 AD2d 956, lv denied 92 NY2d 807). The mother’s contention concerning the Probation Department’s alleged conflict of interest is not preserved for our review. (Appeal from Order of Herkimer County Family Court, LaRaia, J. — Custody.) Present — Den-man, P. J., Hayes, Wisner, Hurlbutt and Callahan, JJ.

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—Order unanimously affirmed without costs. Memorandum: Family Court properly granted the petition of respondent father for modification of the existing custody arrangement. The court found that the father was “more fit” than petitioner mother to care for the [896]*896parties’ five-year-old child based upon proof that the mother had physically abused the child (see, Matter of Tracy V. v Donald W., 220 AD2d 888, 889). The court’s factual findings are supported by the record and are entitled to great deference (see, Matter of Mikolinski v Farnsworth, 249 AD2d 956, lv denied 92 NY2d 807). The mother’s contention concerning the Probation Department’s alleged conflict of interest is not preserved for our review. (Appeal from Order of Herkimer County Family Court, LaRaia, J. — Custody.) Present — Den-man, P. J., Hayes, Wisner, Hurlbutt and Callahan, JJ.

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261 A.D.2d 895, 690 N.Y.S.2d 466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tania-w-v-richard-b-nyappdiv-1999.

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