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MATTER OF STRUBLE v. STRUBLE

44 A.D.3d 1060 (2007)

843 N.Y.S.2d 838

In the Matter of BURTON STRUBLE, Respondent, v. MELISSA STRUBLE, Appellant.

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

Decided October 30, 2007.

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

The essential consideration in determining custody is the best interests of the child (see Eschbach v Eschbach, 56 N.Y.2d 167, 171 [1982]). The Family Court's custody determination "depends to a great extent upon its assessment of the credibility of the witnesses and upon the assessments of the character, temperament, and sincerity...

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