Appellate Division of the Supreme Court of New York, 2012

Harry v. Harry

Appellate Division of the Supreme Court of New York · Decided February 21, 2012

92 A.D.3d 883; 938 N.Y.2d 808

Cases that cite this one

9 later published cases cite this decision.

Matter of Dolan v. Masterton (Appellate Division of the Supreme Court of New York 2014)
Julian B. v. Williams (Appellate Division of the Supreme Court of New York 2012)
Julian B. v. Williams (Appellate Division of the Supreme Court of New York 2012)
Agulnick v. Agulnick (Appellate Division of the Supreme Court of New York 2020)
R.K. v. R.G. (Appellate Division of the Supreme Court of New York 2019)
Matter of Ryan v. Alexander (Appellate Division of the Supreme Court of New York 2015)
Gooler v. Gooler (Appellate Division of the Supreme Court of New York 2013)
Gooler v. Gooler (Appellate Division of the Supreme Court of New York 2013)
Gordon v. Goldin (Appellate Division of the Supreme Court of New York 2012)

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

*884“The court’s paramount concern in any custody dispute is to determine, under the totality of the circumstances, what is in the best interests of the child” (Matter of Julie v Wills, 73 AD3d 777, 777 [2010]; see Eschbach v Eschbach, 56 NY2d 167, 171 [1982]; Haggerty v Haggerty, 78 AD3d 998, 999 [2010]). “Because custody determinations depend to a great extent upon an assessment of the character and credibility of the parties and witnesses, deference is accorded to the trial court’s findings, and such findings will not be disturbed unless they lack a sound and substantial basis in the record” (Matter of Otero v Nieves, 77 AD3d 756, 756-757 [2010]; see Haggerty v Haggerty, 78 AD3d at 999; Matter of Julie v Wills, 73 AD3d at 777). Here, the Family Court’s award of sole custody to the mother has a sound and substantial basis in the record and will not be disturbed (see Matter of Peoples v Bideau, 85 AD3d 798 [2011]; Matter of Cavallero v Pena, 83 AD3d 1062, 1063 [2011]). Florio, J.E, Chambers, Hall and Miller, JJ., concur.

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