RATTLER v. RATTLER

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

Sep 20, 1999

Judgment

CaseIQ

DECISION ORDER

ORDERED that the judgment and order are affirmed insofar as appealed from, with one bill of costs.

The court's determination that it was in the best interests of the children to award custody to the plaintiff has a sound and substantial basis in the record ( see, Eschbach v. Eschbach, 56 N.Y.2d 167, 171; Friederwitzer v. Friederwitzer, 55 N.Y.2d 89, 95; Young v. Young, 212 A.D.2d 114, 117).

In addition, the court's determination to award the plaintiff child support and maintenance arrears commencing from the date that she first demanded the relief in her original complaint was proper ( see, Reutenauer v. Reutenauer, 229 A.D.2d 776; see also, King v. King, 230 A.D.2d 775; Forbush v. Forbush, 115 A.D.2d 335; Domestic Relations Law § 236 [B][6][a]).

The defendant's remaining contentions are without merit.

S. MILLER, J.P., O'BRIEN, FRIEDMANN, and FLORIO, JJ., concur.