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MATTER OF WHITLEY, SR. v. WHITLEY

33 A.D.3d 810 (2006)

822 N.Y.S.2d 626

In the Matter of DARNELL WHITLEY, SR., Respondent, v. SHIWANA WHITLEY, Appellant.

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

Decided October 17, 2006.

Ordered that the order is affirmed, without costs or disbursements.

The Family Court is in the best position to evaluate the credibility and character of the parties (see Eschbach v Eschbach, 56 N.Y.2d 167 [1982]; Maloney v Maloney, 208 A.D.2d 603 [1994]), and a determination on custody and visitation will not be set aside unless it lacks a sound and substantial basis in the record...

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