Erck v. Erck

— Order reversed on the law and facts without costs and custody granted to petitioner. Memorandum: While mindful of the fact that the trial court’s determination of custody is entitled to great weight, we believe that the court, in examining the circumstances which would comport with the best interests of the children (see, Eschbach v Eschbach, 56 NY2d 167, 171; Friederwitzer v Friederwitzer, 55 NY2d 89, 95), was heavily influenced by the fact that awarding custody to the father would provide the three girls who are 10, 7 and 5 years of age with greater stability because they would remain in…