Legal Opinion

Rokitka v. Bauer

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

Decided September 29, 1995PublishedCited by 2 opinions

1Opinion of the Court

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Family Court’s determination that it is in the best interests of the child to reside primarily with petitioner has a substantial basis in the record (see, Matter of Gloria S. v Richard B., 80 AD2d 72, 76). Because Family Court is "in the most advantageous position to evaluate the testimony, character, and sincerity of the parties” (DeJesus v *835DeJesus, 208 AD2d 587, 588; see, Eschbach v Eschbach, 56 NY2d 167), its findings are entitled to the greatest respect (see, Matter of…

2Cases cited5 opinions

  1. Eschbach v. EschbachNew York Court of Appeals · 1982
  2. Matter of O.New York Court of Appeals · 1975
  3. Gloria S. v. Richard B.Appellate Division of the Supreme Court of the State of New York · 1981
  4. Clam Lake Development, Inc. v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1995
  5. DeJesus v. DeJesusAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by2 opinions

  1. Buffy E. v. Lance C.Appellate Division of the Supreme Court of the State of New York · 1996
  2. Levin v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 2022

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