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Craig v. Yakymovitch

Citations: 124 A.D.3d 1354; 998 N.Y.S.2d 129

Court: Appellate Division of the Supreme Court of the State of New York; January 1, 2015; New York; State Appellate Court

Narrative Opinion Summary

An appeal was made regarding a Family Court order from Monroe County, presided over by Judge John B. Gallagher, Jr., dated May 10, 2013. The order granted the petitioner sole custody of the children involved in the proceeding under Family Court Act article 6. The appellate court unanimously affirmed the order without costs, with Judges Centra, Fahey, Valentino, Whalen, and DeJoseph concurring.

Legal Issues Addressed

Appellate Review of Family Court Orders

Application: The appellate court conducted a review of the Family Court's decision and unanimously affirmed the order, demonstrating the standard of review applied in custody matters.

Reasoning: The appellate court unanimously affirmed the order without costs, with Judges Centra, Fahey, Valentino, Whalen, and DeJoseph concurring.

Custody Determination under Family Court Act Article 6

Application: The appellate court reviewed and affirmed the Family Court's decision to grant the petitioner sole custody of the children, indicating that the lower court's application of Family Court Act article 6 was appropriate.

Reasoning: The order granted the petitioner sole custody of the children involved in the proceeding under Family Court Act article 6.