IN THE MATTER OF DESROCHES v. DESROCHES

2007-09864

2008 NY Slip Op 07242

IN THE MATTER OF NIKKI DESROCHES, respondent, v. BRIAN DESROCHES, appellant. (Docket No. V-943/07)

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

Decided September 30, 2008.


Attorney(s) appearing for the Case

John R. Lewis, Sleepy Hollow, N.Y., for appellant.

Julie Gamache, New City, N.Y. (Nicole Harris of counsel), for respondent.

Before: William F. Mastro, J.P., Peter B. Skelos, Joseph Covello, John M. Leventhal, JJ.


DECISION & ORDER

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

Custody matters are within the sound discretion of the Family Court, whose findings should be accorded great deference on appeal since it is in the best position to evaluate the testimony, character, and sincerity of the parties. Thus, the Family Court's determination should not be disturbed unless it lacks a sound and substantial basis in the record (see Allain v Allain...

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