Matter of Paluba v. Paluba, 2017 NY Slip Op 5638 (N.Y. App. Div. 2017). · Go Syfert
Matter of Paluba v. Paluba, 2017 NY Slip Op 5638 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Esther J. v. Christopher K. (nyappdiv, 2026-04-09)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Esther J. v. Christopher K.
N.Y. App. Div. · 2026 · confidence medium
We are therefore satisfied that Family Court's order continuing joint physical custody has a sound and substantial basis in the record (<i>see Matter of Sheena PP. v Edward QQ.</i>, 238 AD3d at 1420; <i>Matter of Joseph E. v Crystal G.</i>, 233 AD3d at 1286; <i>Matter of Paluba v Paluba</i>, 152 AD3d 887, 889 [3d Dept 2017]; <i>Matter of Bailey v Blair</i>, 127 AD3d 1274, 1277 [3d Dept 2015]).</p> <p>Lastly, as correctly highlighted by the appellate attorney for the child, we remind Family Court of its "paramount obligation" to protect a child's confidentiality in the context of a <i>Lincoln <…
discussed Cited as authority (rule) Matter of Aree RR. v. John SS.
N.Y. App. Div. · 2019 · confidence medium
Given Family Court's superior ability to observe the witnesses' testimony and demeanor, we defer to its factual findings and credibility assessments, and we will not disturb the resulting custody determination if it is supported by sound and substantial evidence ( see Matter of Paluba v Paluba , 152 AD3d 887, 889 [2017]; Matter of Spoor v Carney , 149 AD3d 1209, 1210 [2017]).
discussed Cited as authority (rule) Matter of Patricia RR. v. Daniel SS.
N.Y. App. Div. · 2019 · confidence medium
Inasmuch as Family Court is in a superior position to evaluate witness credibility, we defer to its factual findings and only assess whether its determination is supported by a sound and substantial basis in the record ( see [*2]Matter of Lorimer v Lorimer , 167 AD3d at 1264; Matter of Shirreece AA. v Matthew BB. , 166 AD3d at 1421; Matter of Paluba v Paluba , 152 AD3d 887, 889 [2017]).
discussed Cited as authority (rule) Matter of Lorimer v. Lorimer
N.Y. App. Div. · 2018 · confidence medium
When making an initial custody determination, Family Court is guided by the best interests of the children ( see Matter of Davis v Church , 162 AD3d 1160 , 1161 [2018], lvs denied 32 NY3d 905 , 906 [2018]; Matter of Paluba v Paluba , 152 AD3d 887, 888 [2017]).
discussed Cited as authority (rule) Matter of Shirreece AA. v. Matthew BB.
N.Y. App. Div. · 2018 · confidence medium
Although we accord deference to Family Court's factual findings and credibility assessments, we will not uphold a best interests determination that does not have a sound and substantial basis in the record ( see Matter of Paluba v Paluba , 152 AD3d 887, 889 [2017]; Matter of Joseph A. v Gina ZZ. , 143 AD3d at 1099 ; Matter of Gast v Gast , 50 AD3d 1189, 1189-1190 [2008]).
discussed Cited as authority (rule) Matter of O'Hara v. DeMarsh
N.Y. App. Div. · 2018 · confidence medium
Because Family Court is in a superior position to assess witness credibility and make findings of fact, this Court will not disturb Family Court's decision so long as it is supported by a sound and substantial basis in the record ( see Matter of Paluba v Paluba , 152 AD3d 887, 889 [2017]; Matter of Hempstead v Hyde , 144 AD3d 1438, 1439 [2016]; Matter of Lodge v Lodge , 127 AD3d 1521, 1522-1523 [2015]).
discussed Cited as authority (rule) Matter of Montoya v. Davis
N.Y. App. Div. · 2017 · confidence medium
In assessing which custodial arrangement will serve the best interests of the child, courts consider, among other factors, the parents’ relative fitness, stability, ability to provide for the child’s overall well-being, past performances, home environments and willingness and ability to foster a positive relationship between the child and the other parent (see Matter of Paluba v Paluba, 152 AD3d 887, 888-889 [2017]; Matter of Emmanuel SS. v Thera SS., 152 AD3d 900, 901-902 [2017], lv denied 30 NY3d 905 [2017]).
discussed Cited as authority (rule) Matter of Whetsell v. Braden
N.Y. App. Div. · 2017 · confidence medium
In rendering an initial custody determination, the paramount concern for Family Court is the best interests of the child (see Eschbach v Eschbach, 56 NY2d 167, 171 [1982]; Matter of Paluba v Paluba, 152 AD3d 887, 888 [2017]).
Retrieving the full opinion text from the archive…
In the Matter of Gregory Paluba, Respondent,
v.
Alisa Paluba, Appellant. (Proceeding No. 1.); In the Matter of Alisa Paluba, Appellant, v. Gregory Paluba, Respondent. (Proceeding No. 2.) (And Two Other Related Proceedings.)
522646.
Appellate Division of the Supreme Court of the State of New York.
Jul 13, 2017.
2017 NY Slip Op 5638
Devine, McCarthy, Garry, Egan, Clark.
Cited by 7 opinions  |  Published
Devine, J.

Appeal from an order of the Family Court of Rens-selaer County (E. Walsh, J.), entered October 23, 2015, which, among other things, granted petitioner’s application, in proceeding No. 1 pursuant to Family Ct Act article 6, for joint custody of the parties’ child.

Alisa Paluba (hereinafter the mother) and Gregory Paluba (hereinafter the father) are the parents of a child (born in 2012). Following a combined hearing on proceedings that included custody petitions filed by each parent, Family Court issued an order in October 2015 granting the parties joint legal and shared physical custody of the child with a specified parenting schedule. The mother now appeals from that order. *

Initially, we do not agree with the father and the attorney for the child that this appeal was rendered moot by a consent order issued in February 2016. The February 2016 order did nothing beyond “modifying] and supercedfing]” the prior orders to direct the mother to take certain steps before taking the child to visit family in Canada. The underlying violation petition, of which we take judicial notice, is also narrowly focused upon the Canadian travel issue. Inasmuch as a later alteration to a sliver of the custodial arrangement “does not establish that the mother relinquished her right to pursue this” appeal directed toward the superstructure of that arrangement, we proceed to the merits (Matter of Siler v Wright, 64 AD3d 926, 928 [2009]; see Hughes v Gallup-Hughes, 90 AD3d 1087, 1088 [2011]; cf. Matter of Hosier v Cole, 129 AD3d 1346, 1347-1348 [2015]).

Upon the merits, the focus in an initial custody determination such as this one is the best interests of the child (see Eschbach v Eschbach, 56 NY2d 167, 171 [1982]; Matter of Charles I. v Khadejah I., 149 AD3d 1422, 1423 [2017]). A court may discern those interests by examining factors including each parent’s past performance and current fitness, as well as[*889] his or her ability to maintain a stable home environment, provide for the child’s overall well-being and foster a relationship between the child and the noncustodial parent (see Matter of Charles I. v Khadejah I., 149 AD3d at 1423; Matter of Snow v Dunbar, 147 AD3d 1242, 1243 [2017]). The credibility assessments and factual findings made by Family Court in the course of a best interests analysis are entitled to deference, and we will not disturb the resulting custody determination unless it lacks a sound and substantial basis in the record (see Matter of Spoor v Carney, 149 AD3d 1209, 1210 [2017]; Matter of Snow v Dunbar, 147 AD3d at 1243).

The mother does not focus upon the award of joint legal custody and, in any event, she and the father testified to normally being able to communicate for the benefit of the child (see Matter of Ryan v Lewis, 135 AD3d 1135, 1136-1137 [2016]). As for the question of physical placement, the parties live with their respective parents and each maintains a stable living environment for the child. The child has a loving relationship with both parties and her grandparents as well as, in the father’s case, her half sister. The mother was concerned by what Family Court aptly categorized as “rigid behaviors and bizarre humor” on the part of the father. That being said, Family Court credited the testimony of the father and the paternal grandparents that cast doubt as to whether some troubling behavior occurred and portrayed concerns as to the rest as overblown. Family Court accordingly found, after grappling with the relevant factors in a thorough decision, that a shared physical custody arrangement was in the child’s best interests. In view of the foregoing, and seeing no reason to forgo the usual deference to which the credibility determinations of Family Court are entitled, we find a sound and substantial basis in the record to support Family Court’s award of custody (see Matter of Manell v Manell, 146 AD3d 1107, 1109-1110 [2017]; Matter of Bailey v Blair, 127 AD3d 1274, 1276-1277 [2015]).

McCarthy, J.P., Garry, Egan Jr. and Clark, JJ., concur.

Ordered that the order is affirmed, without costs.

*

Family Court directed the attorney for the child to submit a separate order containing “a simple reference to the [c]ourt’s decision,” and it appears that another order was issued in December 2015. To the extent that the mother was required to appeal from that order as well as the one at issue here, we will exercise our discretion and view her appeal as having been taken from both (see CPLR 5520 [c]; Matter of Angela F. v Gail WW., 146 AD3d 1248, 1250 n 2 [2017]).