Singer v. Levitt

— In a consolidated habeas corpus proceeding and a child custody proceeding pursuant to Family Court Act article 6, the father appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Falanga, J.), dated October 10, 2008, as denied that branch of his motion which was for summary judgment awarding him custody of the subject child.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondent and the attorney for the child.

Contrary to the father’s contention, he was not entitled to summary determination as to…