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Zayas v. Barr

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 2003
304 A.D.2d 671 (N.Y. App. Div. 2003)

Opinion

2001-04689

Argued March 25, 2003.

April 14, 2003.

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Kings County (Goldstein, J.), dated May 21, 2001, which, after a hearing, awarded the father custody of the subject child and awarded her visitation with the child.

Robert E. Nicholson, Brooklyn, N.Y., for appellant.

Carol Sherman, Brooklyn, N.Y. (Barbara H. Dildine of counsel), Law Guardian for the child.

Before: SANDRA J. FEUERSTEIN, J.P., NANCY E. SMITH, HOWARD MILLER, SANDRA L. TOWNES, JJ.


DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

There is no reason to disturb the Family Court's award of custody of the child to the father (see Eschbach v. Eschbach, 56 N.Y.2d 167). The father has been successful in providing a stable and comfortable home for the parties' child and is better able to provide for her emotional, financial, and intellectual needs. Accordingly, it is in the child's best interests to continue in the father's care and custody and for the mother to have visitation as prescribed by the court's order (see Matter of Sheva W. v. Elya A., 259 A.D.2d 555; Matter of Brown v. Rosario, 272 A.D.2d 205).

FEUERSTEIN, J.P., SMITH, H. MILLER and TOWNES, JJ., concur.


Summaries of

Zayas v. Barr

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 2003
304 A.D.2d 671 (N.Y. App. Div. 2003)
Case details for

Zayas v. Barr

Case Details

Full title:IN THE MATTER OF JOSE ZAYAS, respondent, v. KAMIL BARR, appellant

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

Date published: Apr 14, 2003

Citations

304 A.D.2d 671 (N.Y. App. Div. 2003)
757 N.Y.S.2d 485

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