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Yvonne Clark, Plaintiff-Respondent v. Gregory Clark

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 21, 2012

YVONNE CLARK, PLAINTIFF-RESPONDENT,
v.
GREGORY CLARK, DEFENDANT-RESPONDENT.
LISA M. FAHEY, ESQ., ATTORNEY FOR THE CHILDREN, APPELLANT.

Appeal from a judgment of the Supreme Court, Onondaga County (Kevin G. Young, J.), entered May 14, 2010.

Clark v Clark

Appellate Division, Fourth Department

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.

Released on December 21, 2012

PRESENT: SCUDDER, P.J., CENTRA, VALENTINO, WHALEN, AND MARTOCHE, JJ.

The judgment, inter alia, granted custody of the parties' children to defendant.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: The Attorney for the Children (AFC) appeals from a judgment that, inter alia, granted custody of the three children to defendant. We conclude that Supreme Court, having properly considered the various factors involved in determining the best interests of the children (see generally Eschbach v Eschbach, 56 NY2d 167, 171-174; Fox v Fox, 177 AD2d 209, 210), properly granted custody to defendant. We note that the children's preferences "are not determinative" (Matter of VanDusen v Riggs, 77 AD3d 1355, 1356). Here, the court's findings were based on its assessment of the credibility of the witnesses, and we accord great deference to the court's determination (see Matter of McLeod v McLeod, 59 AD3d 1011, 1011). Entered: December 21, 2012 Frances E. Cafarell Clerk of the Court

20121221

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