Rokitka v. Bauer
Appellate Division of the Supreme Court of the State of New York
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
- Eschbach v. EschbachNew York Court of Appeals · 1982
- Matter of O.New York Court of Appeals · 1975
- Gloria S. v. Richard B.Appellate Division of the Supreme Court of the State of New York · 1981
- Clam Lake Development, Inc. v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1995
- DeJesus v. DeJesusAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by2 opinions
- Buffy E. v. Lance C.Appellate Division of the Supreme Court of the State of New York · 1996
- Levin v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 2022