Appellate Division of the Supreme Court of New York, 1999

Kerner v. Kerner

Kerner v. Kerner
Appellate Division of the Supreme Court of New York · Decided June 18, 1999
262 A.D.2d 1081; 691 N.Y.S.2d 813
Kerner v. Kerner

Opinion of the Court

—Amended judgment *1082unanimously affirmed without costs. Memorandum: Contrary to defendant’s contention, Supreme Court’s award of custody of the parties’ child to plaintiff is supported by a sound and substantial basis in the record and is not contrary to the weight of the evidence (see, Eschbach v Eschbach, 56 NY2d 167, 171174; Matter of Paul C. v Tracy C., 209 AD2d 955, 956; cf., Matter of Meyers v Halladay, 242 AD2d 887; Fox v Fox, 177 AD2d 209, 211-212). (Appeal from Amended Judgment of Supreme Court, Erie County, Flaherty, J. — Custody.) Present — Lawton, J. P., Hayes, Wisner, Hurlbutt and Scudder, JJ.

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