Matter of Daniel TT. v. Diana TT., 127 A.D.3d 1514 (N.Y. App. Div. 2015). · Go Syfert
Matter of Daniel TT. v. Diana TT., 127 A.D.3d 1514 (N.Y. App. Div. 2015). Cases Citing This Book View Copy Cite
24 citation events (24 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2015 → 2026 · click a year to view as-of
2015 2020 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Nicole J. v. Joshua J.
N.Y. App. Div. · 2022 · confidence medium
"We accord great deference to Family Court's factual findings and credibility determinations given its superior position to observe and assess the witnesses' testimony and demeanor firsthand, and will not [*2]disturb its custodial determination if supported by a sound and substantial basis in the record" ( Matter of Daniel TT. v Diana TT. , 127 AD3d 1514, 1515 [2015] [citations omitted]; see Matter of Derek KK. v Jennifer KK. , 196 AD3d 765, 767 [2021]).
discussed Cited as authority (rule) Matter of Christie BB. v. Isaiah CC.
N.Y. App. Div. · 2021 · confidence medium
This Court generally accords "great deference to Family Court's factual findings and credibility determinations given its superior position to observe and assess the witnesses' testimony and demeanor firsthand, and will not disturb its custodial determination if supported by a sound and substantial basis in the record" ( Matter of Daniel TT. v Diana TT. , 127 AD3d 1514, 1515 [2015]; see Matter of Clayton J. v Kay-Lyne K. , 185 AD3d at 1244 ).
discussed Cited as authority (rule) Matter of Colleen FF. v. Robert FF.
N.Y. App. Div. · 2019 · confidence medium
Viewing the record in its entirety, including the testimony from the Lincoln hearing, and deferring to the court's findings, we are unpersuaded by the contention by the mother and the attorney for the children that the court's determination giving the father primary physical custody lacks a sound and substantial basis in the record ( see Matter of Daniel TT. v Diana TT. , 127 AD3d 1514, 1516 [2015]; Matter of Gordon v Richards , 103 AD3d 929, 930-931 [2013]; Matter of Torkildsen v Torkildsen , 72 AD3d 1405, 1407 [2010]; Matter of Putnam v Satriano , 18 AD3d 921, 922 [2005]).
discussed Cited as authority (rule) Matter of Richard GG. v. M. Carolyn GG.
N.Y. App. Div. · 2019 · confidence medium
Moreover, this [*3]Court accords great deference to Family Court's factual findings and credibility determinations, which will not be disturbed if they have a sound and substantial basis in the record ( see Matter of Payne v Montano , 166 AD3d at 1343; Matter of Romero v Guzman , 158 AD3d 997 , 998 [2018], lv denied 31 NY3d 908 [2018]; Matter of Daniel TT. v Diana TT. , 127 AD3d 1514, 1515 [2015]). [FN1] The father contends that the evidence presented at the fact-finding hearing established that visitation with the mother was detrimental to the child and, therefore, was not in her best interes…
cited Cited as authority (rule) Matter of Boisvenue v. Gamboa
N.Y. App. Div. · 2018 · confidence medium
V Diana TT. , 127 AD3d 1514, 1515 [2015]; see Matter of Anson v Anson , 20 AD3d 603, 604 [2005], lv denied 5 NY3d 711 [2005]).
discussed Cited as authority (rule) Matter of Snow v. Dunbar
N.Y. App. Div. · 2017 · confidence medium
Furthermore, given Family Court’s superior position to evaluate and observe the demeanor of the witnesses (see Matter of Daniel TT. v Diana TT, 127 AD3d 1514, 1515 [2015]), we find no fault with Family Court’s assessment that the father initially presented himself “in an exemplary fashion” but, upon cross-examination, his “presentation began to unravel.” In view of the foregoing, we conclude that Family Court’s determination that the father’s control issues did not make shared physical custody feasible and that the mother, who took care of the children’s day-to-day needs, wou…
discussed Cited as authority (rule) B Matter of Driscoll v. Oursler
N.Y. App. Div. · 2017 · confidence medium
“We accord great deference to Family Court’s factual findings and credibility determinations given its superior position to observe and assess the witnesses’ testimony and demeanor firsthand, and will not disturb its custodial determination if supported by a sound and substantial basis in the record” (Matter of Daniel TT. v Diana TT, 127 AD3d 1514, 1515 [2015] [citations omitted]).
discussed Cited as authority (rule) Matter of Andrew S. v. Robin T.
N.Y. App. Div. · 2016 · confidence medium
We “accord great deference to Family Court’s factual findings and credibility determinations given its superior position to observe and assess the witnesses’ testimony and demeanor firsthand, and will not disturb its custodial determination if supported by a sound and substantial basis in the record” (Matter of Daniel TT. v Diana TT, 127 AD3d 1514, 1515 [2015]; see Matter of Andrew L. v Michelle M., 140 AD3d at 1241 ).
discussed Cited as authority (rule) Matter of Joseph A. v. Gina ZZ.
N.Y. App. Div. · 2016 · confidence medium
Thus, upon reviewing the record in its totality, including a custodial evaluation prepared by a psychologist and the confidential statements of the children, we find a sound and substantial basis to support the order of custody and parenting time (see Matter of Basden v Faison, 141 AD3d at 911-912 ; Matter of Daniel TT. v Diana TT., 127 AD3d 1514, 1515-1516 [2015]; Matter of Jarren S. v Shaming T., 117 AD3d 1109, 1110-1111 [2014]).
discussed Cited as authority (rule) Matter of Basden v. Faison
N.Y. App. Div. · 2016 · confidence medium
Typically, this Court defers to Family Court’s factual findings and credibility assessments, and we will only disturb a custody determination if it lacks a sound and substantial basis in the record (see Matter of Lawton v Lawton, 136 AD3d at 1169 ; Matter of Daniel TT. v Diana TT., 127 AD3d 1514, 1515 [2015]).
discussed Cited as authority (rule) B Matter of David J. v. Leeann K.
N.Y. App. Div. · 2016 · confidence medium
“We accord great deference to Family Court’s factual findings and credibility determinations given its superior position to observe and assess the witnesses’ testimony and demeanor firsthand, and will not disturb its custodial determination if supported by a sound and substantial basis in the record” (Matter of Daniel TT. v Diana TT., 127 AD3d 1514, 1515 [2015] [citations omitted]; see Matter of Flood v Flood, 63 AD3d 1197, 1198 [2009]).
discussed Cited as authority (rule) Matter of Andrew L. v. Michelle M.
N.Y. App. Div. · 2016 · confidence medium
“We accord great deference to Family Court’s factual findings and credibility determinations given its superior position to observe and assess the witnesses’ testimony and demeanor firsthand, and will not disturb its custodial determination if supported by a sound and substantial basis in the record” (Matter of Daniel TT. v Diana TT., 127 AD3d 1514, 1515 [2015] [citations omitted]).
discussed Cited as authority (rule) Matter of Edick v. Gagnon
N.Y. App. Div. · 2016 · confidence medium
Considering the evidence of the greater stability in the father’s home and the evidence of the child’s improvements in health and development once he began residing there, and deferring to Family Court’s credibility determinations, we find a sound and substantial basis for the court’s conclusion that the child’s best interests were served by awarding physical custody to the father and by awarding the mother visitation during alternate weekends (see Matter of Daniel TT. v Diana TT., 127 AD3d 1514, 1516 [2015]; Matter of Kayla Y. v Peter Z., 125 AD3d 1126, 1127 [2015]). * Further, assu…
discussed Cited as authority (rule) Matter of Barrows v. Sherwood
N.Y. App. Div. · 2016 · confidence medium
In reviewing Family Court’s order, “[w]e accord great deference to [its] factual findings and credibility determinations given its superior position to observe and assess the witnesses’ testimony and demeanor firsthand, and will not disturb its custodial determination if supported by a sound and substantial basis in the record” (Matter of Daniel TT. v Diana TT., 127 AD3d 1514, 1515 [2015]; see *1197 Matter of Joshua UU. v Martha VV., 118 AD3d 1051, 1052 [2014]).
discussed Cited as authority (rule) Matter of Hrostowski v. Micha
N.Y. App. Div. · 2015 · confidence medium
We accord great deference to Family Court’s factual findings and credibility assessments and will not disturb its custodial determination if supported by a sound and substantial basis in the record (see Matter of Daniel TT. v Diana TT., 127 AD3d 1514, 1515 [2015]; Matter of Virginia C. v Donald C., 114 AD3d 1032, 1033 [2014]).
discussed Cited as authority (rule) Matter of Andrea CC. v. Eric DD.
N.Y. App. Div. · 2015 · confidence medium
Although the record establishes that the mother also has exhibited instances of poor judgment, “according] great deference to Family Court’s factual findings and credibility determinations given its superior position to observe and assess the witnesses’ testimony and demeanor firsthand,” we find that there is a sound and substantial basis to support the court’s decision that joint custody with primary physical custody to the mother is in the child’s best interests (Matter of Daniel TT. v Diana TT., 127 AD3d 1514, 1515 [2015]; see Matter of Alleyne v Cochran, 119 AD3d at 1101 ).
discussed Cited as authority (rule) Matter of Cornick v. Floreno
N.Y. App. Div. · 2015 · confidence medium
Further, given the evidence that the father was better able to provide a stable and safe home environment in which the child would receive appropriate and timely health services, there is a sound and substantial basis for Family Court’s conclusion that the best interests of the child were served by awarding sole legal and primary physical custody to the father (see Matter of Daniel TT. v Diana TT., 127 AD3d 1514, 1515-1516 [2015]; Matter of Bush v Lopez, 125 AD3d 1150, 1151 [2015]).
discussed Cited "see" Matter of Daniel XX. v. Heather WW.
N.Y. App. Div. · 2020 · signal: see · confidence high
As relevant here, "[a]lthough the advanced age of the child tends to render greater weight to his or her reasoned wishes, the child's preference is but one factor in the best interests analysis" ( Matter of Cornell v Cornell , 8 AD3d 718, 719 [2004]; see Matter of Meier v Meier , 79 AD3d 1295, 1296 [2010]). "'[This Court] accord[s] great deference to Family Court's factual findings and credibility determinations given its superior position to observe and assess the witnesses' testimony and demeanor firsthand, and will not disturb its custodial determination if supported by a sound and substant…
discussed Cited "see" Matter of Stephen G. v. Lara H.
N.Y. App. Div. · 2016 · signal: see · confidence high
Finally, “[g]iven Family Court’s superior ability to observe and assess the witnesses’ testimony and demeanor firsthand, its factual findings and credibility determinations — if supported by sound and substantial evidence — will not be disturbed” (Matter of Lilly NN. v Jerry OO., 134 AD3d 1312, 1313 [2015] [internal quotation marks and citation omitted]; see Matter of Daniel TT. v Diana TT., 127 AD3d 1514, 1515 [2015]; Matter of Koch v Koch, 121 AD3d 1201, 1202 [2014]).
discussed Cited "see" Matter of Lawton v. Lawton
N.Y. App. Div. · 2016 · signal: accord · confidence high
The focus in an initial custody determination is the best *1169 interests of the children, which involves consideration of factors including “the parents’ past performance and relative fitness, their willingness to foster a positive relationship between the child [ren] and the other parent, as well as their ability to maintain a stable home environment and provide for the child[ren]’s overall well-being” (Matter of Adams v Morris, 111 AD3d 1069, 1069-1070 [2013]; accord Matter of Daniel TT. v Diana TT., 127 AD3d 1514, 1514-1515 [2015]; Matter of Jarren S. v Shaming T., 117 AD3d 1109, 1…
Retrieving the full opinion text from the archive…
In the Matter of Daniel TT., Respondent,
v.
Diana TT., Appellant. (And Two Other Related Proceedings.)
517911.
Appellate Division of the Supreme Court of the State of New York.
Apr 30, 2015.
127 A.D.3d 1514
Devine, Lahtinen, Peters, Rose.
Cited by 21 opinions  |  Published
Peters, P.J.

Appeal from an order of the Family Court of Ulster County (Maney, J.), entered October 2, 2013, which, among other things, partially granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, for custody of the parties’ children.

Petitioner (hereinafter the father) and respondent (hereinafter the mother) are the parents of two sons (born in 2006 and 2008). In December 2011, the mother traveled to Florida with the children without the father’s consent and in violation of a court order prohibiting her from removing the children from the state. The father immediately petitioned for custody and was awarded temporary legal and physical custody of the children in January 2012. Thereafter, he commenced several proceedings seeking modification of the visitation provisions of the temporary order and alleging that the mother had committed various family offenses. Following a fact-finding hearing, Family Court granted the parties joint legal custody of the children, with primary physical custody to the father and parenting time to the mother. The mother appeals.

“An initial custody determination is controlled by the best interests of the child [ren], taking into consideration such factors as the parents’ past performance and relative fitness, their willingness to foster a positive relationship between the child[ren] and the other parent, as well as their ability to maintain[*1515] a stable home environment and provide for the child [ren]’s overall well-being” (Matter of Jarren S. v Shaming T., 117 AD3d 1109, 1110 [2014] [internal quotation marks and citations omitted]; see Matter of Benjamin v Lemasters, 125 AD3d 1144, 1145 [2015]; Matter of Brown v Akatsu, 125 AD3d 1163, 1164 [2015]). We accord great deference to Family Court’s factual findings and credibility determinations given its superior position to observe and assess the witnesses’ testimony and demeanor firsthand, and will not disturb its custodial determination if supported by a sound and substantial basis in the record (see Matter of Kayla Y. v Peter Z., 125 AD3d 1126, 1127 [2015]; Matter of Alleyne v Cochran, 119 AD3d 1100, 1101 [2014]; Matter of DiMele v Hosie, 118 AD3d 1176, 1177 [2014]).

The record amply supports Family Court’s determination that the best interests of the children will be served by granting physical custody to the father. While the mother has been the primary caregiver for most of the children’s lives, evidence concerning her behavior seriously called into question her parental judgment and fitness. Testimony was presented that the mother shoplifted while the children were in her care and, at times, used them to aid her in those endeavors. When she was caught shoplifting from a department store in September 2011, the mother declined the opportunity to call someone to pick up the children, choosing instead to expose them to her arrest. The mother engaged in additional criminal conduct that led to a number of arrests and several convictions in the months preceding the hearing, and, as previously mentioned, she disobeyed a court order prohibiting her from removing the children from the state. In his testimony, the father explained that the mother regularly screamed at the children when they misbehaved and described several angry outbursts by the mother in their presence. After the father was awarded temporary custody, the mother engaged in various hostilities against him and directed a number of accusations at him, including making an unfounded report to child protective services that, among other things, he and the paternal grandfather had physically and sexually abused the children. Family Court was also concerned about the mother’s ability to financially provide for the children, noting that she was unemployed and remained financially dependent upon her parents, with whom she resides.

The father, on the other hand, has maintained steady employment and provides a stable environment for the children in the home where they have lived since birth. Further, his parents live nearby and care for the children while he is[*1516] working and the children are not in school. While the father is not without his own shortcomings, Family Court fully considered the father’s prior prescription drug dependency and other lapses in judgment in the course of assessing the parties’ respective strengths and weaknesses, past performance and ability to provide for the children’s overall well-being. Considering the totality of the circumstances and according due deference to Family Court’s determination that the father’s testimony was more credible (see Matter of Joseph WW. v Michelle WW., 118 AD3d 1054, 1057 [2014]; Matter of Mahoney v Regan, 100 AD3d 1237, 1238 [2012], lv denied 20 NY3d 859 [2013]), we find a sound and substantial basis for the court’s conclusion that an award of physical custody to the father is in the children’s best interests. *

Lahtinen, Rose and Devine, JJ., concur.

Ordered that the order is affirmed, without costs.

*

Although by no means determinative, we note that this conclusion is in accord with the position advanced by the attorney for the children both at the hearing and on appeal (see Matter of Lawrence v Kowatch, 119 AD3d 1004, 1006 n 2 [2014); Matter of Robert AA. v Colleen BB., 101 AD3d 1396, 1399 n 2 [2012], lv denied 20 NY3d 860 [2013]).