Krebsbach v. Gallagher
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Balletta, J.
We recognize at the outset the general rule that custody determinations are ordinarily a matter of discretion for the hearing court (see, Gage v Gage, 167 AD2d 332). However, while the hearing court’s determination, based as it is upon a firsthand assessment of the parties, their credibility, their character, and temperaments, should be accorded great deference on appeal (see, Matter of Louise E. S. v W. Stephen S., 64 NY2d 946; Eschbach v Eschbach, 56 NY2d 167; Skolnick v Skolnick, 142 AD2d 570), the authority of this court is as broad as that of the hearing…
2Cases cited33 opinions
- Eschbach v. EschbachNew York Court of Appeals · 1982
- Friederwitzer v. FriederwitzerNew York Court of Appeals · 1982
- Louise E. S. v. W. Stephen S.New York Court of Appeals · 1985
- Nehra v. UhlarNew York Court of Appeals · 1977
- Obey v. DeglingNew York Court of Appeals · 1975
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3Cited by64 opinions
- Young v. YoungAppellate Division of the Supreme Court of the State of New York · 1995
- Miller v. PipiaAppellate Division of the Supreme Court of the State of New York · 2002
- Maloney v. MaloneyAppellate Division of the Supreme Court of the State of New York · 1994
- Berrouet v. GreavesAppellate Division of the Supreme Court of the State of New York · 2006
- Radford v. PropperAppellate Division of the Supreme Court of the State of New York · 1993
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