Appellate Division of the Supreme Court of New York, 2000

Donnelly v. Donnelly

Donnelly v. Donnelly
Appellate Division of the Supreme Court of New York · Decided June 5, 2000
273 A.D.2d 233; 709 N.Y.S.2d 447; 2000 N.Y. App. Div. LEXIS 6228
Donnelly v. Donnelly

Cases that cite this one

3 later published cases cite this decision.

  • MacKay v. MacKay (Appellate Division of the Supreme Court of New York 2005)
  • Wells v. Smith (Appellate Division of the Supreme Court of New York 2004)
  • McCoy v. McCoy (Appellate Division of the Supreme Court of New York 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Orange County (Bivona, J.), entered October 29, 1998, which denied her petition to change custody of the parties’ three children from the father to her.

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

The Family Court’s findings, made after a hearing, have a sound and substantial basis in the record and should be accorded great deference on appeal (see, Matter of Ebert v Ebert, 38 NY2d 700, 703; Matter of Vernon Mc. v Brenda N., 196 AD2d 823). It is clear that the Family Court considered the totality of the circumstances in determining that the best interests of the *234parties’ children would be served by continuing custody with the father (see, Eschbach v Eschbach, 56 NY2d 167; Matter of Paul Seth G. v Antoinette M., 227 AD2d 620, 622). Accordingly, the determination of the Family Court will not be disturbed. Santucci, J. P., Thompson, Friedmann and Krausman, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.