Winkelman v. Furey

Appellate Division of the Supreme Court of New York

Winkelman v. Furey

273 A.D.2d 890, 710 N.Y.S.2d 277, 2000 N.Y. App. Div. LEXIS 6937

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

DecidedJune 16, 2000

StatusPublished

Cited by1 cases

This text of 273 A.D.2d 890 (Winkelman v. Furey) 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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Winkelman v. Furey, 273 A.D.2d 890, 710 N.Y.S.2d 277, 2000 N.Y. App. Div. LEXIS 6937 (N.Y. Ct. App. 2000).

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Opinion

—Order unanimously affirmed without costs. Memorandum: Family Court did not abuse its discretion in awarding custody of the child to respondent mother. Contrary to petitioner’s contention, the court properly weighed the appropriate factors affecting the best interests of the child (see, Eschbach v Eschbach, 56 NY2d 167, 171-174). The court was “in the best position to evaluate the character and credibility of the witnesses” (Matter of Paul C. v Tracy C., 209 AD2d 955, 956). “Its determination has a sound and substantial basis in the record and should not be disturbed” (Matter of Bronson v Bronson, 254 AD2d 737). (Appeal from Order of Niagara County Family Court, DiFlorio, J.H.O. — Custody.) Present — Green, J. P., Wisner, Kehoe and Lawton, JJ.

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—Order unanimously affirmed without costs. Memorandum: Family Court did not abuse its discretion in awarding custody of the child to respondent mother. Contrary to petitioner’s contention, the court properly weighed the appropriate factors affecting the best interests of the child (see, Eschbach v Eschbach, 56 NY2d 167, 171-174). The court was “in the best position to evaluate the character and credibility of the witnesses” (Matter of Paul C. v Tracy C., 209 AD2d 955, 956). “Its determination has a sound and substantial basis in the record and should not be disturbed” (Matter of Bronson v Bronson, 254 AD2d 737). (Appeal from Order of Niagara County Family Court, DiFlorio, J.H.O. — Custody.) Present — Green, J. P., Wisner, Kehoe and Lawton, JJ.

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Bluebook (online)

273 A.D.2d 890, 710 N.Y.S.2d 277, 2000 N.Y. App. Div. LEXIS 6937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winkelman-v-furey-nyappdiv-2000.

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