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Modica v. Thompson

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 2002
299 A.D.2d 486 (N.Y. App. Div. 2002)

Opinion

2001-07613

Submitted October 15, 2002.

November 18, 2002.

In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an amended order of the Family Court, Rockland County (Garvey, J.), entered July 27, 2001, which granted custody of the subject child to the maternal grandparents.

Harvey C. Kallus, New Windsor, N.Y., for appellant.

David J. Stein, New City, N.Y., for respondents.

Jacqueline Sands, New City, N.Y., Law Guardian for the child.

Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, SONDRA MILLER, HOWARD MILLER, JJ.


DECISION ORDER


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

The father challenges the award of custody of his now 13-year-old daughter to the maternal grandparents. Contrary to the father's contention, the determination is supported by a showing of extraordinary circumstances (see Matter of Bennett v. Jeffreys, 40 N.Y.2d 543; Matter of Gibson v. Skrine, 262 A.D.2d 483; Matter of Pauline G. v. Carolyn F., 187 A.D.2d 589; Matter of Curry v. Ashby, 129 A.D.2d 310). In addition, the record supports the Family Court's determination that it was in the best interests of the child to award custody to the maternal grandparents (see Matter of Bennett v. Jeffreys, supra).

The father's remaining contentions are without merit.

RITTER, J.P., FLORIO, S. MILLER and H. MILLER, JJ., concur.


Summaries of

Modica v. Thompson

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 2002
299 A.D.2d 486 (N.Y. App. Div. 2002)
Case details for

Modica v. Thompson

Case Details

Full title:IN THE MATTER OF RUTHANNE MODICA, ET AL., RESPONDENTS, v. ROBERT THOMPSON…

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

Date published: Nov 18, 2002

Citations

299 A.D.2d 486 (N.Y. App. Div. 2002)
749 N.Y.S.2d 889