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IN RE: Thomas CASTELLANO, Appellant, v. Kathleen ENGLAND, Respondent.
In a child custody proceeding pursuant to Family Court Act article 6, the father appeals, as limited by his brief, from so much of an order of the Family Court, Rockland County (Garvey, J.), dated February 9, 1998, as, after a hearing, granted custody of the parties' child to the mother.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The findings of the Family Court, 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 N.Y.2d 700, 703, 382 N.Y.S.2d 472, 346 N.E.2d 240; Alanna M. v. Duncan M., 204 A.D.2d 409, 611 N.Y.S.2d 886). It is clear that the Family Court considered the totality of the circumstances in determining that the best interests of the parties' child would be served by awarding custody to the mother (see, Eschbach v. Eschbach, 56 N.Y.2d 167, 451 N.Y.S.2d 658, 436 N.E.2d 1260). Contrary to the father's contention, the recommendation of forensic experts that he be awarded custody is not determinative, but is only one factor for the court to consider (see, Matter of Prete v. Prete, 193 A.D.2d 804, 805, 598 N.Y.S.2d 79). Accordingly, the determination of the Family Court should not be disturbed.
MEMORANDUM BY THE COURT.
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Decided: August 21, 2000
Court: Supreme Court, Appellate Division, Second Department, New York.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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