The father brought a proceeding to modify a child custody award against the mother while she sought review of an order of the Family Court of Madison County which, inter alia, granted the father’s application for primary physical custody of the parties’ minor child.  The Supreme Court of New York, Appellate Division, Third Department affirmed the order, noting that “despite the fact that the child was diagnosed with breathing problems subsequent to the parties’ separation… both respondent and her boyfriend continue to smoke cigarettes.”

716 N.Y.S.2d 152, 277 A.D.2d 735, 2000 N.Y. App. Div. LEXIS 12240.