MATTER OF BEMAN v. KELLOGG


39 A.D.3d 1254 (2007)

832 N.Y.S.2d 837

In the Matter of ROSANNE BEMAN, Appellant, v. TROY KELLOGG, Respondent.

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

Decided April 20, 2007.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Contrary to petitioner's contention, Supreme Court properly determined following a hearing that the award of sole legal and primary physical custody of the parties' child to respondent would be in the child's best interests. That determination "is based on careful weighing of appropriate factors..., including the court's firsthand...

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