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Positive treatment
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Top citers, strongest first. 2 distinct citers.
How cited ↗
discussed
Cited "see"
Matter of Imrie v. Lyon
Notwithstanding the position taken by the psychologist that the father should be awarded primary physical custody of the child, "the recommendations of court-appointed experts are but one factor to be considered and, although entitled to some weight, such recommendations are not determinative and should not usurp the trial court's independent impressions of the evidence and conclusions drawn from that evidence" ( Matter of Montoya v Davis , 156 AD3d at 138 [internal quotation marks, brackets and citation omitted]; see Baker v Baker , 66 AD3d 722, 723 [2009], lv dismissed 13 NY3d 926 [2010]).
discussed
Cited "see"
Matter of Montoya v. Davis
We emphasize that “[t]he recommendations of court [-] appointed experts are but one factor to be considered” and, although entitled to some weight, such recommendations are not determinative and should not usurp the trial court’s independent impressions of the evidence and conclusions drawn from that evidence (Matter of Nikolic v Ingrassia, 47 AD3d at 821 ; see Baker v Baker, 66 AD3d 722, 723 [2009], lv dismissed 13 NY3d 926 [2010]; Matter of Kozlowski v Mangialino, 36 AD3d 916, 917 [2007]; Matter of Maliha v Maliha, 13 AD3d 1032, 1033 [2004]).
Retrieving the full opinion text from the archive…
In the Matter of CLAUDIA CHILDS, Appellant,
v.
NEW YORK STATE DIVISION OF HUMAN RIGHTS et al., Respondents.
v.
NEW YORK STATE DIVISION OF HUMAN RIGHTS et al., Respondents.
Mo. No. 2009-1227.
New York Court of Appeals.
Jan 14, 2010.
Published
Motion for leave to appeal dismissed as untimely (see CPLR 5513 [b]).