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In re Taylor G.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


February 10, 2009

IN RE TAYLOR G., A CHILD UNDER THE AGE OF EIGHTEEN YEARS, ETC., AND WILLIAM C., PETITIONER-RESPONDENT,
v.
JUELLE G., RESPONDENT-APPELLANT.

Order, Family Court, New York County (Susan R. Larabee, J.), entered on or about May 15, 2007, which granted full custody of the subject child to petitioner father, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Saxe, McGuire, Moskowitz, Freedman, JJ.

The totality of the circumstances establish that the award of custody to petitioner was in the best in interests of the child and has a sound and substantial basis in the record (see Eschbach v Eschbach, 56 NY2d 167 [1982]). Although awarding custody to petitioner is contrary to the expressed wishes of the child, the desire of the child is one of many factors to be considered and is not determinative, particularly where, as here, all of the additional factors weigh heavily in favor of granting custody to petitioner (id. at 172-173).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090210

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