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Del Papa v. Del Papa

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1991
172 A.D.2d 798 (N.Y. App. Div. 1991)

Summary

affirming primary custody with mother, who had been primary caregiver, worked near the children's school and left work shortly after school ended, whereas father had a long work schedule and the children would be unattended by him for a significant amount of time

Summary of this case from Silva v. Silva

Opinion

April 29, 1991

Appeal from the Supreme Court, Queens County (Modugno, J.).


Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the husband's argument, we find no reason to disturb the Supreme Court's determination awarding custody of the two minor children to the wife. It is well settled that an award of custody is a matter of discretion for the hearing court and its decision is entitled to great weight (see, Eschbach v Eschbach, 56 N.Y.2d 167, 173; Matter of Diane L. v. Richard L., 151 A.D.2d 760, 761). The record indicates, inter alia, that the husband has a long work schedule, and the children would be unattended by him for a significant amount of time. In contrast, the wife works very close to the children's school and leaves work at 4:00 P.M., shortly after school ends. In addition, the wife has been the primary caregiver for the greater part of the children's lives. Under these circumstances, custody of the children was properly awarded to the wife.

Nor did the court err in awarding the wife exclusive possession of the marital residence until the youngest child reaches the age of majority (see, Pacillo v. Pacillo, 155 A.D.2d 736; Cassano v Cassano, 111 A.D.2d 208, 210; Damiano v. Damiano, 94 A.D.2d 132, 135).

We have examined the husband's remaining contentions and find them to be without merit (see, Pacillo v. Pacillo, supra; Knapp v Knapp, 105 A.D.2d 1019, 1020; Domestic Relations Law § 236 [B] [8] [a]; [1] [c]; [d] [1]). Mangano, P.J., Bracken, Kunzeman and Kooper, JJ., concur.


Summaries of

Del Papa v. Del Papa

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1991
172 A.D.2d 798 (N.Y. App. Div. 1991)

affirming primary custody with mother, who had been primary caregiver, worked near the children's school and left work shortly after school ended, whereas father had a long work schedule and the children would be unattended by him for a significant amount of time

Summary of this case from Silva v. Silva
Case details for

Del Papa v. Del Papa

Case Details

Full title:MARIE DEL PAPA, Respondent, v. TEMISTOCLE DEL PAPA, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 29, 1991

Citations

172 A.D.2d 798 (N.Y. App. Div. 1991)
569 N.Y.S.2d 170

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