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In re Desiree L.

Supreme Court of New York, First Department

October 17, 2013

In re Desiree L., IDV Petitioner-Respondent,
v.
Lewis N., Respondent-Appellant.

Carol L. Kahn, New York, for appellant.

Karen P. Simmons, The Children's Law Center, Brooklyn (Janet Neustaetter of counsel), attorney for the child.

Tom, J.P., Sweeny, Manzanet-Daniels, Feinman, JJ.

Order, Supreme Court, Bronx County (Diane Kiesel, J.), entered on or about February 22, 2012, which, to the extent appealed from as limited by the briefs, after a hearing, awarded permanent custody of the child to petitioner mother, unanimously affirmed, without costs.

The record amply supports the court's determination that it is in the best interest of the child to grant sole custody to petitioner (see Eschbach v Eschbach, 56 N.Y.2d 167, 171 [1999]). The court properly determined that petitioner's epileptic seizures, standing alone, do not render her unfit to be the custodial parent (see Janus v Janus, 239 A.D.2d 712, 713 [3rd Dept 1997]. Petitioner consistently receives medical care for her condition and is reasonably compliant with her medication, and her physicians do not suggest that she cannot adequately care for the child. The court also correctly found that petitioner has made adequate arrangements for the child in the event that she experiences a seizure.

We have considered respondent's remaining arguments and find them unavailing.


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