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MATTER OF ENRIQUE S. v. GENELL

56 A.D.3d 396 (2008)

In the Matter of ENRIQUE S., Respondent, v. GENELL M.D., Appellant. (And Another Action.)

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

November 25, 2008.

The determination to award custody to the father was not against the weight of the evidence and was warranted in the best interests of the child by the totality of the circumstances (see Eschbach v Eschbach, 56 N.Y.2d 167, 172-174 [1982]). The evidence demonstrated, inter alia, that, while respondent mother lacked insight into the child's needs and had never been able to provide a stable residence for her, the father was deeply involved...

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