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KREBSBACH v. GALLAGHER

181 A.D.2d 363 (1992)

In the Matter of Theodore Krebsbach, Respondent, v. Nancy Gallagher, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 3, 1992

Attorney(s) appearing for the Case

Labert Lang & Willen (Robert D. Lang, Morton I. Willen and Karen D. McGuire-Mangan of counsel), for appellant.

White & Cirrito (Michael L. Cirrito of counsel), for respondent.

Joseph P. Abbenda, Law Guardian, for infant.

MANGANO, P. J., LAWRENCE and COPERTINO, JJ., concur.

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 A.D.2d 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...

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