Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

MATTER OF CASTELLANO v. ENGLAND

Appellate Division of the Supreme Court of New York, Second Department.
Aug 21, 2000
Important Paras
Please sign up to view Important Paras.
DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

The findings of the Family Court, after a hearing, have a sound and substantial basis in the record and should be accorded great deference on appeal (see, Matter of Ebert v. Ebert, 38 N.Y.2d 700, 703; Alanna M. v. Duncan M., 204 A.D.2d 409). It is clear that the Family Court considered the totality of the circumstances in determining that the best interests of the parties' child would be served by awarding custody to the mother (see, Eschbach v. Eschbach, 56 N.Y.2d 167). Contrary to the father's contention, the recommendation of forensic experts that he be awarded custody is not determinative, but is only one factor for the court to consider (see, Matter of Prete v. Prete, 193 A.D.2d 804, 805). Accordingly, the determination of the Family Court should not be disturbed.