From Casetext: Smarter Legal Research

Matter of Clara L. v. Paul M

Appellate Division of the Supreme Court of New York, First Department
Jun 2, 1998
251 A.D.2d 22 (N.Y. App. Div. 1998)

Opinion

June 2, 1998

Appeal from the Family Court, Bronx County (Harold Lynch, J.).


"Custody determinations are ordinarily a matter of discretion for the hearing court, whose determination should be accorded deference on appeal" (Matter of Lisa L. v. Anthony H., 220 A.D.2d 299, 300; Matter of Davis v. McIntosh, 202 A.D.2d 354), and here we see no basis to disturb Family Court's conclusion, after hearing and weighing all the evidence, that it was in the best interests of the children (see, Eschbach v. Eschbach, 56 N.Y.2d 167, 171; Friederwitzer v. Friederwitzer, 55 N.Y.2d 89, 94) to award custody to petitioner. We note in this connection that while the expressed preference of a child who is the subject of a custody proceeding is certainly relevant to the court's determination, such preference is not always indicative of the child's best interests. Thus, while the subject children did express a preference to live with appellant, that preference, evaluated by Family Court, as it should have been, in light of the children's age, maturity and susceptibility to influence, parental and otherwise, was properly treated as nondispositive (see, Eschbach v. Eschbach, 56 N.Y.2d, supra, at 172).,

We have considered appellant's remaining arguments and find them to be without merit.

Concur — Sullivan, J. P., Rosenberger, Rubin and Williams, JJ.


Summaries of

Matter of Clara L. v. Paul M

Appellate Division of the Supreme Court of New York, First Department
Jun 2, 1998
251 A.D.2d 22 (N.Y. App. Div. 1998)
Case details for

Matter of Clara L. v. Paul M

Case Details

Full title:In the Matter of CLARA L., Respondent, v. PAUL M., Appellant

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

Date published: Jun 2, 1998

Citations

251 A.D.2d 22 (N.Y. App. Div. 1998)
673 N.Y.S.2d 657

Citing Cases

In re Proceeding, Martin V. v. Karen Beth G

Before: Buckley, P.J., Tom, Ellerin, Lerner, Friedman, JJ. The court's determination, after hearing and…

In re Proc. for Custody, Brown v. Rosario

Before: Ellerin, J.P., Wallach, Lerner, Saxe, JJ. We perceive no basis to disturb the challenged custody…