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MATTER OF KIRCHAIN v. SMITH

2010-05115.

84 A.D.3d 1237 (2011)

923 N.Y.S.2d 860

In the Matter of TRACEY L. KIRCHAIN, Appellant, v. KENNETH M. SMITH, Respondent.

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

Decided May 24, 2011.

Ordered that the order entered April 16, 2010, is affirmed, with costs.

In reviewing a determination of the Family Court, deference should be given to the credibility determinations of the Support Magistrate, who was in the best position to evaluate the credibility of the witnesses (see Matter of Kahl-Lapine v Lapine, 35 A.D.3d 611, 612 [2006]; Matter of Musarra v Musarra, 28 A.D.3d 668...

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