consideration of various factors in New York

2017Whether extraordinary circumstances exist involves the consideration of various factors, including, among others, “the length of time the child has lived with the nonparent, the quality of that relationship and the length of time the biological parent allowed such custody to continue without trying to assume the primary parental role” (Matter of Tennant v Philpot, 77 AD3d 1086, 1087 [2010] [internal quotation marks and citations omitted]; accord Matter of Peters v Dugan, 141 AD3d 751, 753 [2016]; Matter of Carpenter v Puglese, 94 AD3d 1367, 1368 [2012]).

2017Whether extraordinary circumstances exist involves the consideration of various factors, including, among others, “the length of time the child has lived with the nonparent, the quality of that relationship and the length of time the biological parent allowed such custody to continue without trying to assume the primary parental role” (Matter of Tennant v Philpot, 77 AD3d 1086, 1087 [2010] [internal quotation marks and citations omitted]; accord Matter of Peters v Dugan, 141 AD3d 751, 753 [2016]; Matter of Carpenter v Puglese, 94 AD3d 1367, 1368 [2012]).

2021"Whether extraordinary circumstances exist involves the consideration of various factors, including, among others, the length of time the child has lived with the nonparent, the quality of that relationship and the length of time the biological parent allowed such custody to continue without trying to assume the primary parental role" ( Matter of Thompson v Bray , 148 AD3d 1364, 1365 [internal quotation marks omitted]; see Matter of Samuels v Pegues , 173 AD3d 1040 , 1041).

2019"Whether extraordinary circumstances exist involves the consideration of various factors, including, among others, the length of time the child has lived with the nonparent, the quality of that [*2]relationship and the length of time the biological parent allowed such custody to continue without trying to assume the primary parental role" ( Matter of Thompson v Bray , 148 AD3d 1364, 1365 [internal quotation marks omitted]).

2019Moreover, deference is accorded to Family Court's factual and credibility determinations, which will not be disturbed so long as they are supported by a sound and substantial basis in the record ( see Matter of Southammavong v Sisen , 141 AD3d 905, 906 [2016]; Matter of Barner v Hampton , 132 AD3d 1098, 1099 [2015]).

2017We defer to Family Court’s factual findings and credibility determinations and its decision will not be disturbed so long as it is supported by a sound and substantial basis in the record (see Matter of Southammavong v Sisen, 141 AD3d 905, 906 [2016]; Matter of Stephen G. v Lara H., 139 AD3d 1131, 1133 [2016], lv denied 27 NY3d 1187 [2016]).

2019"An examination into the best interests of the child involves the consideration of various factors, including maintaining stability in the child's life, the quality of the respective home environments, the length of time the present custody arrangement has been in place and the party's past performance, relative fitness and ability to provide for and guide the child's intellectual and emotional development" ( Matter of Renee DD. v Saratoga County Dept. of Social Servs. , 154 AD3d 1131, 1131-1132 [2017] [internal quotation marks and citations omitted]; see Matter of Battisti v Battisti , 121 AD

2017An examination into the best interests of the child involves the consideration of various factors, including “maintaining stability in the child’s life, the quality of the respective home environments, the length of time the present custody arrangement has been in place and [the] party’s past performance, relative fitness and ability to provide for and guide the child’s intellectual and emotional development” (Matter of Peters v Dugan, 141 AD3d 751, 753-754 [2016] [internal quotation marks and citation omitted]; see Matter of Battisti v Battisti, 121 AD3d 1196, 1198 [2014]).

2017“A finding of extraordinary circumstances is rare, and the circumstances must be such that they drastically affect the welfare of the child” (Matter of Ramos v Ramos, 75 AD3d 1008, 1010 [2010] [internal quotation marks and citation omitted]).

2017“A finding of extraordinary circumstances is rare, and the circumstances must be such that they drastically affect the welfare of the child” (Matter of Ramos v Ramos, 75 AD3d 1008, 1010 [2010] [internal quotation marks and citation omitted]).

2017Whether extraordinary circumstances exist involves the consideration of various factors, including, among others, “the length of time the child has lived with the nonparent, the quality of that relationship and the length of time the biological parent allowed such custody to continue without trying to assume the primary parental role” (Matter of Tennant v Philpot, 77 AD3d 1086, 1087 [2010] [internal quotation marks and citations omitted]; accord Matter of Peters v Dugan, 141 AD3d 751, 753 [2016]; Matter of Carpenter v Puglese, 94 AD3d 1367, 1368 [2012]).

2017Whether extraordinary circumstances exist involves the consideration of various factors, including, among others, “the length of time the child has lived with the nonparent, the quality of that relationship and the length of time the biological parent allowed such custody to continue without trying to assume the primary parental role” (Matter of Tennant v Philpot, 77 AD3d 1086, 1087 [2010] [internal quotation marks and citations omitted]; accord Matter of Peters v Dugan, 141 AD3d 751, 753 [2016]; Matter of Carpenter v Puglese, 94 AD3d 1367, 1368 [2012]).

2017Whether extraordinary circumstances exist involves the consideration of various factors, including, among others, “the length of time the child has lived with the nonparent, the quality of that relationship and the length of time the biological parent allowed such custody to continue without trying to assume the primary parental role” (Matter of Tennant v Philpot, 77 AD3d 1086, 1087 [2010] [internal quotation marks and citations omitted]; accord Matter of Peters v Dugan, 141 AD3d 751, 753 [2016]; Matter of Carpenter v Puglese, 94 AD3d 1367, 1368 [2012]).

2017Whether extraordinary circumstances exist involves the consideration of various factors, including, among others, “the length of time the child has lived with the nonparent, the quality of that relationship and the length of time the biological parent allowed such custody to continue without trying to assume the primary parental role” (Matter of Tennant v Philpot, 77 AD3d 1086, 1087 [2010] [internal quotation marks and citations omitted]; accord Matter of Peters v Dugan, 141 AD3d 751, 753 [2016]; Matter of Carpenter v Puglese, 94 AD3d 1367, 1368 [2012]).

2025"Whether extraordinary circumstances exist involves the consideration of various factors, including, among others, the length of time the child has lived with the nonparent, the quality of that relationship, and the length of time the biological parent allowed such custody to continue without trying to assume the primary parental role" ( Matter of Brooks v Martinez , 218 AD3d at 569 ; see Matter of Madelyn E.P. [Christine L.-B.—Kevin O.] , 196 AD3d at 490 ; Matter of Samuels v Pegues , 173 AD3d 1040 , 1041).

2023Whether extraordinary circumstances exist involves the consideration of various factors, including, among others, the length of time the child has lived with the nonparent, the quality of that relationship, and the length of time the biological parent allowed such custody to continue without trying to assume the primary parental role ( see Matter of Suarez v Williams , 26 NY3d 440, 449 ; Matter of Madelyn E.P. , 196 AD3d at 490 ; Matter of Samuels v Pegues , 173 AD3d at 1041).

2023The Court enunciated a "balancing of public interests" test that requires the consideration of various factors in order to determine whether an entity should be granted immunity from local zoning requirements ( id. at 341 [internal quotation marks omitted]).

2007The Court therein articulated “a balancing of public interests” test which requires the consideration of various factors in order to determine whether an entity should be granted immunity from local zoning requirements (Matter of County of Monroe, 72 NY2d at 341 ).

2025"Where extraordinary circumstances are present, the court must then consider the best interests of the child in awarding custody" ( Matter of Ferrson v Dixon , 215 AD3d 834, 835 [internal quotation marks omitted]; see Matter of King v King , 191 AD3d 881 ).

2025"Where extraordinary circumstances are present, the court must then consider the best interests of the child in awarding custody" ( Matter of Ferrson v Dixon , 215 AD3d 834, 835 [internal quotation marks omitted]; see Matter of King v King , 191 AD3d 881 ).

2021This discretionary determination requires the consideration of various factors, "including whether the respondent[s] had actual knowledge of the essential facts constituting the claim, whether there exists a reasonable excuse for any delay in [serving] the notice of claim and whether the delay has caused substantial prejudice to any defense to the claim" ( Matter of Dewey v Town of Colonie , 54 AD3d 1142, 1142 [2008] [internal quotation marks and citation omitted]; see Babcock v Walton Cent.

2020This latter determination involves the consideration of various factors, such as "the gravity of the crime and manner in which it was committed, mitigating circumstances, [the] defendant's prior criminal record, [the defendant's] prior acts of violence, recommendations in the presentence reports, [the] defendant's reputation, the level of cooperation with authorities, [the] defendant's attitude toward society and respect for the law, and the prospects for rehabilitation and hope for a further constructive life" ( People v Cruickshank , 105 AD2d 325, 334 [1985], affd sub nom.

2020Commn. , 2 NY3d 727, 728-729 [2004]).

2020People v Dawn Maria C. , 67 NY2d 625 [1986]; see People v Price , 150 AD3d 1485, 1486 [2017], lv denied 29 NY3d 1132 [2017]).

2020People v Dawn Maria C. , 67 NY2d 625 [1986]; see People v Price , 150 AD3d 1485, 1486 [2017], lv denied 29 NY3d 1132 [2017]).

2019"An examination into the best interests of the child involves the consideration of various factors, including maintaining stability in the child's life, the quality of the respective home environments, the length of time the present custody arrangement has been in place and the party's past performance, relative fitness and ability to provide for and guide the child's intellectual and emotional development" ( Matter of Renee DD. v Saratoga County Dept. of Social Servs. , 154 AD3d 1131, 1131-1132 [2017] [internal quotation marks and citations omitted]; see Matter of Battisti v Battisti , 121 AD

2019Moreover, deference is accorded to Family Court's factual and credibility determinations, which will not be disturbed so long as they are supported by a sound and substantial basis in the record ( see Matter of Southammavong v Sisen , 141 AD3d 905, 906 [2016]; Matter of Barner v Hampton , 132 AD3d 1098, 1099 [2015]).

2017We defer to Family Court’s factual findings and credibility determinations and its decision will not be disturbed so long as it is supported by a sound and substantial basis in the record (see Matter of Southammavong v Sisen, 141 AD3d 905, 906 [2016]; Matter of Stephen G. v Lara H., 139 AD3d 1131, 1133 [2016], lv denied 27 NY3d 1187 [2016]).

2017Begeal thus made a “reasoned judgment” not to utilize the leg restraints (Lubecki v City of New York, 304 AD2d 224, 233 [2003], lv denied 2 NY3d 701 [2004]).

2004However, a court, in its discretion, may extend that time after a consideration of various factors, including “whether the [municipality] had actual knowledge of the essential facts constituting the claim within 90 days or a reasonable time thereafter, whether . . . [there was] an adequate excuse for the delay and . . . [whether] the [municipality] would be prejudiced” (Hewitt v County of Rensselaer, 6 AD3d 842, 843-844 [2004]; see General Municipal Law § 50-e [5]; Matter of Crocco v Town of New Scotland, 307 AD2d 516, 517 [2003]).

2004Such determination will not be disturbed absent a clear abuse of discretion (see Matter of Isereau v Brushton-Moira School Dist., 6 AD3d 1004, 1005 [2004]).

2004However, a court, in its discretion, may extend that time after a consideration of various factors, including “whether the [municipality] had actual knowledge of the essential facts constituting the claim within 90 days or a reasonable time thereafter, whether . . . [there was] an adequate excuse for the delay and . . . [whether] the [municipality] would be prejudiced” (Hewitt v County of Rensselaer, 6 AD3d 842, 843-844 [2004]; see General Municipal Law § 50-e [5]; Matter of Crocco v Town of New Scotland, 307 AD2d 516, 517 [2003]).