MATTER OF CZUMAK v. GUERCIO


208 A.D.2d 724 (1994)

618 N.Y.S.2d 550

In the Matter of Elizabeth Czumak, Appellant, v. Roy S. Guercio, Respondent

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

October 17, 1994


Ordered that the order is affirmed, with costs.

It is well settled that 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). "Since any custody determination depends to a very great extent upon the hearing court's assessment...

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