Appellate Division of the Supreme Court of New York, 1999

Carrigan v. Griffith

Carrigan v. Griffith
Appellate Division of the Supreme Court of New York · Decided December 30, 1999
267 A.D.2d 1095; 700 N.Y.S.2d 786; 1999 N.Y. App. Div. LEXIS 13920
Carrigan v. Griffith

Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Family Court did not abuse its discretion by modifying the existing joint custodial arrangement to award respondent primary physical custody. That determination “is entitled to great weight and will not be set aside unless it lacks an evidentiary basis in the record” (Matter of Samuel L. J. v Sherry H., 206 AD2d 886, lv denied 84 NY2d 810). Respondent has shown a greater interest in the child’s schooling and is better able to support the child financially (see, Fox v Fox, 177 AD2d 209, 210). (Appeal from Order of Herkimer County Family Court, LaRaia, J. — Custody.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Scudder, JJ.

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