Vargus v. Vargus

Appellate Division of the Supreme Court of New York

Vargus v. Vargus

225 A.D.2d 759, 639 N.Y.2d 945, 639 N.Y.S.2d 945, 1996 N.Y. App. Div. LEXIS 3151

Appellate Division of the Supreme Court of the State of New York·Decided March 25, 1996·Published

Opinion

The Supreme Court properly determined that while the defendant was a competent and caring parent, the best interests of the infant children would be best served by permitting them to remain with the plaintiff (see, DeLuca v DeLuca, 210 AD2d 372). We find that the determination of the Supreme Court awarding the plaintiff custody of the children and liberal visitation to the defendant is fully supported by a sound and substantial basis in the record and should not be disturbed (see, Eschbach v Eschbach, 56 NY2d 167; DeLuca v DeLuca, supra).

We have considered the defendant’s remaining contentions [760] and find them to be without merit. Balletta, J. P., Thompson, Pizzuto and Altman, JJ., concur.

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The Supreme Court properly determined that while the defendant was a competent and caring parent, the best interests of the infant children would be best served by permitting them to remain with the plaintiff (see, DeLuca v DeLuca, 210 AD2d 372). We find that the determination of the Supreme Court awarding the plaintiff custody of the children and liberal visitation to the defendant is fully supported by a sound and substantial basis in the record and should not be disturbed (see, Eschbach v Eschbach, 56 NY2d 167; DeLuca v DeLuca, supra).

We have considered the defendant’s remaining contentions [760] and find them to be without merit. Balletta, J. P., Thompson, Pizzuto and Altman, JJ., concur.

Vargus v. Vargus, 225 A.D.2d 759, 639 N.Y.2d 945, 639 N.Y.S.2d 945, 1996 N.Y. App. Div. LEXIS 3151 (N.Y. Ct. App. 1996).

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225 A.D.2d 759 (Vargus v. Vargus) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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