Smith v. Purnell

Miller, J. P.,

dissents and votes to reverse the order and remit the matter for further proceedings with the following memorandum: I must respectfully dissent from the conclusion reached by my colleagues in the majority that there is a sound and substantial basis for the Family Court’s custody determination in this case. In my view, the court erred by failing to admit and adequately consider evidence relevant to serious incidents of domestic violence that bear on the father’s fitness for custody of three young children (see, Domestic Relations Law § 240 [1]; Family Ct Act § 651 [b]; Matter of…