Legal Opinion
Spiegel v. Spiegel
Appellate Division of the Supreme Court of the State of New York
Decided December 8, 2009PublishedCited by 5 opinions
1Opinion of the Court
*882Contrary to the father’s contentions, the Family Court correctly denied his objections to the Support Magistrate’s order. The Support Magistrate properly declined to draw an adverse inference against the mother for her failure to produce her current child care worker to testify, as testimony from that witness would have been cumulative (see e.g. Austin v Carstens-Elliot, 39 AD3d 443 [2007]; Clements v Lindsey, 237 AD2d 557 [1997]).
In reviewing a determination of the Family Court, great deference should be given to the determination of the Support Magistrate, who was in the best position to…
2Cases cited6 opinions
- Musarra v. MusarraAppellate Division of the Supreme Court of the State of New York · 2006
- Penninipede v. PenninipedeAppellate Division of the Supreme Court of the State of New York · 2004
- Kahl-Lapine v. LapineAppellate Division of the Supreme Court of the State of New York · 2006
- Mahoney v.GogginsAppellate Division of the Supreme Court of the State of New York · 2005
- Clements v. LindseyAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by5 opinions
- Malbin v. MartzAppellate Division of the Supreme Court of the State of New York · 2011
- Martin v. MartinAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Quashie v. WintAppellate Division of the Supreme Court of the State of New York · 2017
- Broffman-Kaminsky v. SantoAppellate Division of the Supreme Court of the State of New York · 2010
- Bederman v. BedermanAppellate Division of the Supreme Court of the State of New York · 2011