MATTER OF SCHIMLER v. SCHIMLER


203 A.D.2d 580 (1994)

611 N.Y.S.2d 559

In the Matter of Neil Schimler, Petitioner, v. Beatrice Schimler, Respondent, and Andrew Schimler, Appellant

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

April 25, 1994


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

In cases where a change of custody is sought, the relief should be granted when, in the court's discretion, "the totality of the circumstances * * * warrants its doing so in the best interests of the child" (Friederwitzer v Friederwitzer, 55 N.Y.2d 89, 96). Although the authority of this...

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