MATTER OF BURNETT v. SMITH

No. 1153 CAF 20-01177.

201 A.D.3d 1368 (2022)

158 N.Y.S.3d 704

2022 NY Slip Op 00609

In the Matter of Anthony Burnett, Sr., Respondent, v. Gabrielle Smith, Appellant.

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

Decided January 28, 2022.


Attorney(s) appearing for the Case

PAUL B. WATKINS , FAIRPORT, FOR RESPONDENT-APPELLANT.

CHARU NARANG , BROCKPORT, FOR PETITIONER-RESPONDENT.

ELIZABETH deV. MOELLER , ROCHESTER, ATTORNEY FOR THE CHILDREN.

Present— Whalen, P.J., Smith, NeMoyer and Curran, JJ.


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

Memorandum: In this proceeding pursuant to Family Court Act article 6, respondent mother appeals from an order that, inter alia, awarded petitioner father sole custody and primary physical residence of the two subject children, with visitation to the mother. We affirm.

Generally, "a court's determination regarding custody and visitation issues, based upon a first-hand...

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