host factors in New York

2024As Family Court maintains the superior position with respect to the ability to evaluate witness credibility, our review of a custody determination pays deference to the court's factual findings, and we "only assess whether its determination is supported by a sound and substantial basis in the record" ( Matter of David JJ. v Verna-Lee KK. , 207 AD3d 841, 843 [3d Dept 2022] [internal quotation marks and citations omitted]).

2024Under the circumstances presented, the determination as to the best interests of the child entails consideration of a host of factors, including the traditional concerns such as "the quality of the parents' respective home environments, the need for stability in the child's life, each parent's willingness to promote a positive relationship between the child and the other parent and each parent's past performance, relative fitness and ability to provide for the child's intellectual and emotional development and overall well-being" ( Matter of Patricia RR. v Daniel SS. , 172 AD3d 1471 , 1472 [3d

2024Under the circumstances presented, the determination as to the best interests of the child entails consideration of a host of factors, including the traditional concerns such as "the quality of the parents' respective home environments, the need for stability in the child's life, each parent's willingness to promote a positive relationship between the child and the other parent and each parent's past performance, relative fitness and ability to provide for the child's intellectual and emotional development and overall well-being" ( Matter of Patricia RR. v Daniel SS. , 172 AD3d 1471 , 1472 [3d

2019When assessing whether petitioner satisfied its burden, County Court may consider a host of factors, including "recent acts of violence and the risk of harm to [respondent] or others that would be occasioned by release from confinement, . . . the nature of the conduct that resulted in the initial commitment, the likelihood of relapse or a cure, history of substance or alcohol abuse, the effects of medication, the likelihood that [respondent] will discontinue medication without supervision, the length of confinement and treatment, the lapse of time since the underlying criminal acts and any oth

2019When assessing whether petitioner satisfied its burden, County Court may consider a host of factors, including "recent acts of violence and the risk of harm to [respondent] or others that would be occasioned by release from confinement, . . . the nature of the conduct that resulted in the initial commitment, the likelihood of relapse or a cure, history of substance or alcohol abuse, the effects of medication, the likelihood that [respondent] will discontinue medication without supervision, the length of confinement and treatment, the lapse of time since the underlying criminal acts and any oth

2019The factual findings and credibility determinations made by the court will be afforded due deference ( see Matter of Richard S. , 6 AD3d at 1040 ).

2009Such a determination depends upon the weighing of the unique facts of each case and necessarily implicates a host of factors, including, among others, “past performance, stability, fitness, home environment and ability to guide the child’s intellectual and emotional development” (Matter of Van Hoesen v Van Hoesen, 186 AD2d 903, 903 [1992]; see Matter of Passero v Giordano, 53 AD3d 802, 803 [2008]).

2009“Family Court’s findings and credibility determinations are accorded great deference and will not be disturbed unless they lack a sound and substantial basis in the record” (Matter of Bronson v Bronson, 63 AD3d 1205, 1206 [2009] [citations omitted]).

2009A host of factors are relevant in determining whether there has been a sufficient attenuation between the illegal questioning and subsequent warned statement, “including the time differential between the Miranda violation and the subsequent admission; whether the same police personnel were present and involved in eliciting each statement; whether there was a change in the location or nature of the interrogation; the circumstances surrounding the Miranda violation, such as the extent of the improper questioning; and whether, prior to the Miranda violation, defendant had indicated a willingness

2009Such a determination depends upon the weighing of the unique facts of each case and necessarily implicates a host of factors, including, among others, “past performance, stability, fitness, home environment and ability to guide the child’s intellectual and emotional development” (Matter of Van Hoesen v Van Hoesen, 186 AD2d 903, 903 [1992]; see Matter of Passero v Giordano, 53 AD3d 802, 803 [2008]).

2008Co., 295 AD2d 240, 241-242 [2002]; Katz v NVF Co., 100 AD2d 470, 473 [1984]).

2008Co., 295 AD2d 240, 241-242 [2002]; Katz v NVF Co., 100 AD2d 470, 473 [1984]).

2007Similarly, relocation cases ultimately turn on the particular facts of each case, with a host of factors relevant in the analysis (see Matter of Tropea v Tropea, supra at 740-741; Matter of Smith v Hoover, 24 AD3d 1096, 1096-1097 [2005]).

2007A host of factors are relevant in determining whether there has been a sufficient showing of changed circumstances including “ ‘the quality and stability of the respective home environments and each parent’s past performance, relative fitness and ability to provide for and guide the child’s intellectual and emotional development’ ” (Matter of Thompson v Thompson, 267 AD2d 516, 518 [1999], quoting Matter of Perry v Perry, 194 AD2d 837, 837 [1993]).

2007“Upon appeal, we will accord deference to the findings and credibility assessments made by Family Court if they are supported by a sound and substantial basis in the record” (Munson v Lippman, 2 AD3d 1252, 1253 [2003] [citations omitted]).

2007Family Court’s findings and determinations on these issues generally will not be disturbed on appeal if supported by a sound and substantial basis in the record (see Matter of Kemp v Kemp, supra at 750; Matter of Rutz v Carinci, 6 AD3d 992, 994 [2004]).

2007Family Court’s findings and determinations on these issues generally will not be disturbed on appeal if supported by a sound and substantial basis in the record (see Matter of Kemp v Kemp, supra at 750; Matter of Rutz v Carinci, 6 AD3d 992, 994 [2004]).

2007Similarly, relocation cases ultimately turn on the particular facts of each case, with a host of factors relevant in the analysis (see Matter of Tropea v Tropea, supra at 740-741; Matter of Smith v Hoover, 24 AD3d 1096, 1096-1097 [2005]).

2007A host of factors are relevant in determining whether there has been a sufficient showing of changed circumstances including “ ‘the quality and stability of the respective home environments and each parent’s past performance, relative fitness and ability to provide for and guide the child’s intellectual and emotional development’ ” (Matter of Thompson v Thompson, 267 AD2d 516, 518 [1999], quoting Matter of Perry v Perry, 194 AD2d 837, 837 [1993]).

2005Upon review of the record, we discern no reason to disturb those determinations and conclusions (see Matter of Engwer v Engwer, 307 AD2d 504, 505 [2003]; Scialdo v Kernan, 301 AD2d 884, 885 [2003]).

2005Upon review of the record, we discern no reason to disturb those determinations and conclusions (see Matter of Engwer v Engwer, 307 AD2d 504, 505 [2003]; Scialdo v Kernan, 301 AD2d 884, 885 [2003]).

1999Although the defendant sets forth a host of factors to explain his appearance in the emergency room and mentions a number of witnesses who could testify to the absence of alcohol on his breath after the accident, this potential defense evidence presents a factual trial issue and fails to establish “deliberate falsehood or * * * reckless disregard for the truth” on the part of the affiant, Detective Radzewsky (supra, at 171; see also, People v Kroll, 162 AD2d 717 ).