Legal Opinion

Kosinski v. Mahoney

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

Decided September 30, 1994PublishedCited by 2 opinions

1Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Onondaga County Family Court (Buck, J.). We add only that the contention of respondent that the court erred in not obtaining a psychological evaluation is without merit. The decision whether to direct a psychological or social evaluation in a child custody dispute is within the sound discretion of the court (see, Kesseler v Kesseler, 10 NY2d 445, 452, rearg denied 11 NY2d 721, mot to amend remittitur granted 11 NY2d 716; Family Ct Act § 251). There is nothing in the record to indicate that…

2Cases cited4 opinions

  1. Kesseler v. KesselerNew York Court of Appeals · 1962
  2. Giraldo v. GiraldoAppellate Division of the Supreme Court of the State of New York · 1982
  3. Mascoli v. MascoliAppellate Division of the Supreme Court of the State of New York · 1987
  4. Clark v. DunnAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by2 opinions

  1. Cinquemani v. GuarinoAppellate Division of the Supreme Court of the State of New York · 1997
  2. S.P. v. G.S.New York City Family Court · 2012

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