ANDERSON v. BARLOW (1998)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of Lisa ANDERSON, Appellant, v. Chandler BARLOW, Respondent. (Appeal No. 1.)

Decided: December 31, 1998

Present: DENMAN, P.J., GREEN, HAYES, CALLAHAN and BALIO, JJ.

Charles J. Greenberg, Buffalo, for Petitioner-Appellant. Sharon Osgood, Buffalo, for Respondent-Respondent. Thomas Lochner, Williamsville, for Law Guardian.

Petitioner contends that Family Court erred in dismissing her custody petition. We disagree. The court was “in the best position to evaluate the character and credibility of the witnesses” (Matter of Paul C. v. Tracy C., 209 A.D.2d 955, 956, 622 N.Y.S.2d 159), and we see no reason to disturb the court's determination. Similarly, the court properly determined that respondent's relocation was in the best interests of the child (see, Matter of Tropea v. Tropea, 87 N.Y.2d 727, 741, 642 N.Y.S.2d 575, 665 N.E.2d 145). Finally, the court did not abuse its discretion in failing to impose sanctions against respondent for violating a 1993 custody determination.

Order unanimously affirmed without costs.

MEMORANDUM:

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