MATTER OF DALEY v. DALEY


51 A.D.2d 830 (1976)

In the Matter of Vicki Daley, Appellant, v. William J. Daley, Jr., Respondent

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

February 11, 1976


In this proceeding to obtain the custody of her infant daughter, petitioner was the sole witness on her own behalf and respondent moved to dismiss the petition at the conclusion of her testimony. The motion was ultimately granted and custody was awarded to the respondent father. This appeal ensued. The paramount concern of the court in a custody proceeding is the best interests of the child (Domestic Relations Law, § 240;

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