Legal Opinion · Dissent

Alanna M. v. Duncan M.

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

Decided May 9, 1994Published

1Dissent

Miller, J.,

dissents and votes to reverse the order insofar as appealed from, and to grant custody to the plaintiff mother, with the following memorandum: I do not agree with the conclusion of the majority that the custody determination of the Supreme Court is supported by a sound and substantial basis in the record. Rather, I find that the evidence adduced at the trial greatly preponderates in favor of a finding that the children’s best interests would be served by a transfer of custody to the mother, and that the court’s findings are not supported by the record. While I stand alone as a sole…

2Cases cited17 opinions

  1. Eschbach v. EschbachNew York Court of Appeals · 1982
  2. Friederwitzer v. FriederwitzerNew York Court of Appeals · 1982
  3. Matter of O.New York Court of Appeals · 1975
  4. Nehra v. UhlarNew York Court of Appeals · 1977
  5. Koppenhoefer v. KoppenhoeferAppellate Division of the Supreme Court of the State of New York · 1990

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