Legal Opinion

Gilyard v. Gilyard

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

Decided November 8, 1999PublishedCited by 2 opinions

1Opinion 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, Westchester County (Tolbert, J.), entered September 11, 1998, which awarded custody of the parties’ child to the father.

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

Custody matters are within the sound discretion of the Family Court, and its findings should be accorded great deference on appeal since that court was in the best position to evaluate the testimony, character, and sincerity of the parties (see, Eschbach v Eschbach, 56 NY2d 167,…

2Cases cited4 opinions

  1. Eschbach v. EschbachNew York Court of Appeals · 1982
  2. Klat v. KlatAppellate Division of the Supreme Court of the State of New York · 1991
  3. Carlin v. CarlinAppellate Division of the Supreme Court of the State of New York · 1995
  4. Iqbal v. IqbalAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by2 opinions

  1. James Joseph M. v. Rosana R.Appellate Division of the Supreme Court of the State of New York · 2006
  2. Matter of Stanley G.M. v. Ivette B.Appellate Division of the Supreme Court of the State of New York · 2020

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