MATTER OF MIKOLINSKI v. FARNSWORTH


249 A.D.2d 956 (1998)

671 N.Y.S.2d 389

In the Matter of Joseph Mikolinski, Sr., Respondent, v. Barbara Farnsworth, Appellant

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

April 29, 1998


Amended order unanimously affirmed without costs.

Memorandum:

Family Court did not abuse its discretion in modifying a prior custody order by awarding petitioner father custody of the parties' infant son. We give due deference to the factual findings of Family Court, which had the opportunity to observe the witnesses and assess their credibility, and its determination will not be disturbed where, as here, it has a sound and substantial basis in the record...

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