Credit Counts Again
Posted By Brian D. Perskin on Aug 23, 2008 10:20am PDT
Although the following case comes out of the fourth department, many married individuals pay off Supreme Court, Appellate Division, Fourth Department, New York. Craig J. MIRAND, Plaintiff-Respondent, v. Lisa M. MIRAND, Defendant-Appellant. July 11, 2008 James P. Renda, Buffalo, for Defendant-Appellant. Rosenthal, Siegel & Muenkel, LLP, Buffalo (Barbara A. Piazza of Counsel), for Plaintiff-Respondent. MARTOCHE, J.P., SMITH, CENTRA, LUNN, AND PINE, JJ. MEMORANDUM: On appeal from a judgment in this action for divorce and ancillary relief, defendant contends that Supreme Court erred in awarding plaintiff sole custody of the parties' child and directing defendant to pay child support. We reject that contention. Great deference is accorded to the court's custody determination where, as here, that determination is based upon the court's assessment of the credibility and character of the parties (see Wideman v. Wideman, 38 AD3d 1318, 1319;Matter of Vincent A.B. v. Karen T., 30 AD3d 1100, 1101-1102,lv denied7 NY3d 711;Matter of Nunnery v. Nunnery, 275 A.D.2d 986, 987). We conclude that the court's determination has a sound and substantial basis in the record and should not be disturbed (see Matter of Pinkerton v. Pensyl, 305 A.D.2d 1113;Matter of Thayer v. Ennis, 292 A.D.2d 824).
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