John v. John

• Decision Date: 03 April 1995
• Citation: 625 N.Y.S.2d 916,214 A.D.2d 536
• Parties: Norman JOHN, Respondent, v. Vivian JOHN, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 916

625 N.Y.S.2d 916

214 A.D.2d 536

Norman JOHN, Respondent, v. Vivian JOHN, Appellant.

Supreme Court of New York, Appellate Division,

Second Department.

April 3, 1995.

Allan Kuslansky, Cornwall-On-Hudson, for appellant.

In an action for divorce and ancillary relief, the defendant appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Rockland County (Meehan, J.), dated March 9, 1993, as, after a nonjury trial, granted custody of the infant children to the plaintiff and limited her visitation rights.

ORDERED that the judgment is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly determined that, while the defendant is a competent parent, the best interests of the parties' children are served by permitting them to remain with the plaintiff (see, Matter of Ebert v. Ebert, 38 N.Y.2d 700, 704, 382 N.Y.S.2d 472, 346 N.E.2d 240; see also, Obey v. Degling, 37 N.Y.2d 768, 771, 375 N.Y.S.2d 91, 337 N.E.2d 601; Mitzner v. Mitzner, 209 A.D.2d 487, 619 N.Y.S.2d 51). Since the determination of the Supreme Court awarding the plaintiff custody of the children and limiting the visitation of the defendant is fully supported by a sound and substantial basis in the record, it shall not be disturbed on appeal (see, Eschbach v. Eschbach, 56 N.Y.2d 167, 173, 451 N.Y.S.2d 658, 436 N.E.2d 1260; see also, Alanna M. v. Duncan M., 204 A.D.2d 409, 611 N.Y.S.2d 886; Kuncman v. Kuncman, 188 A.D.2d 517, 591 N.Y.S.2d 349).

COPERTINO, J.P., and PIZZUTO, JOY and FRIEDMANN, JJ., concur.