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Matter of Moore v. McClenos

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1999
259 A.D.2d 752 (N.Y. App. Div. 1999)

Opinion

March 29, 1999

Appeal from the order of the Family Court, Westchester County (Cooney, J.).


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

Contrary to the mother's contentions, the record supports the conclusion that "extraordinary circumstances" existed ( Matter of Bennett v. Jeffreys, 40 N.Y.2d 543, 544; see also, Matter of Benzon v. Sosa, 244 A.D.2d 659; Matter of Carosi v. Bloom, 225 A.D.2d 692), and further, that it was in the best interests of the child for him to continue residing with his paternal grandmother, where he had lived for virtually his entire life prior to the custody hearing.

The analysis of the various factors to be taken into account in deciding a custody question is best made by the hearing court, since it is in the most advantageous position to evaluate the testimony, character, and sincerity of the parties ( see, Matter of Louise E.S. v. W. Stephen S., 64 N.Y.2d 946; Eschbach v. Eschbach, 56 N.Y.2d 167; Matter of Antionette M. v. Paul Seth G., 202 A.D.2d 429; Matter of Coyne v. Coyne, 150 A.D.2d 573). Accordingly, the hearing court's findings are entitled to great weight and should be set aside only if, unlike here, they lack a sound and substantial basis in the record ( see, Eschbach v. Eschbach, supra; Matter of Antionette M. v. Paul Seth G., supra; Matter of Carosi v. Bloom, supra).

Since the mother failed to demonstrate that good cause existed to relieve her assigned counsel, the court did not err in declining to appoint new assigned counsel for her ( see, Matter of Child Welfare Admin. [John R.] v. Jennifer A., 218 A.D.2d 694; see also, Matter of Mooney, 243 A.D.2d 840; Family Ct Act § 262 [a] [v]).

The mother's remaining contentions are lacking in merit.

S. Miller, J. P., Ritter, Thompson and Joy, JJ., concur.


Summaries of

Matter of Moore v. McClenos

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1999
259 A.D.2d 752 (N.Y. App. Div. 1999)
Case details for

Matter of Moore v. McClenos

Case Details

Full title:In the Matter of FANNIE MOORE, Respondent, v. JUDITH McCLENOS, Appellant

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

Date published: Mar 29, 1999

Citations

259 A.D.2d 752 (N.Y. App. Div. 1999)
687 N.Y.S.2d 402

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