Legal Opinion · Dissent

Pecorello v. Snodgrass

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 1988Published

1Dissent

Pine and Balio, JJ.

(dissenting). We must dissent. In custody disputes, the controlling standard is the best interests of the child (Friederwitzer v Friederwitzer, 55 NY2d 89, 94; Matter of Nehra v Uhlar, 43 NY2d 242, 246). Family Court determined that those interests would be served best by awarding custody of the parties’ seven-year-old son to petitioner and that respondent’s relocation to North Carolina was not a compelling reason to deprive petitioner of regular and frequent contact with his son. Those findings are amply supported by the record and should be accorded the greatest respect…

2Cases cited9 opinions

  1. Eschbach v. EschbachNew York Court of Appeals · 1982
  2. Friederwitzer v. FriederwitzerNew York Court of Appeals · 1982
  3. Weiss v. WeissNew York Court of Appeals · 1981
  4. Louise E. S. v. W. Stephen S.New York Court of Appeals · 1985
  5. Nehra v. UhlarNew York Court of Appeals · 1977

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