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Lynch v. Acey

Appellate Division of the Supreme Court of New York, Second Department
Mar 12, 2001
281 A.D.2d 483 (N.Y. App. Div. 2001)

Opinion

Submitted February 8, 2001.

March 12, 2001.

In a custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Suffolk County (Kent J.), entered May 13, 1999, which, after a hearing, awarded custody of the parties' child to the father and granted her visitation.

John M. Zenir, Mineola, N.Y., for appellant.

Herbert Rubenfeld, Melville, N.Y. (Michael Rubenfeld of counsel), for respondent.

Robert C. Mitchell, Central Islip, N.Y. (Jayne Ann McPartlin of counsel), Law Guardian for the child.

Before: SONDRA MILLER, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, NANCY E. SMITH, JJ.


DECISION ORDER

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

It is well settled that the most important factor in adjudicating custody rights is the best interests of the child (see, Domestic Relations Law § 70; Eschbach v. Eschbach, 56 N.Y.2d 167, 171; Vecchiarelli v. Vecchiarelli, 238 A.D.2d 411; Matter of Lazier v. Gentes, 259 A.D.2d 618). "The general rule is that custody determinations are ordinarily a matter of discretion for the hearing court * * * and its determination will not be set aside or modified unless it lacks a sound and substantial basis" (Vecchiarelli v. Vecchiarelli, supra, at 412). Contrary to the mother's contention, the award of custody to the father has a sound and substantial basis in the record, and will not be disturbed.


Summaries of

Lynch v. Acey

Appellate Division of the Supreme Court of New York, Second Department
Mar 12, 2001
281 A.D.2d 483 (N.Y. App. Div. 2001)
Case details for

Lynch v. Acey

Case Details

Full title:IN THE MATTER OF DEBBIE LYNCH, APPELLANT, v. RUSSELL ACEY, RESPONDENT

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

Date published: Mar 12, 2001

Citations

281 A.D.2d 483 (N.Y. App. Div. 2001)
721 N.Y.S.2d 786

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