Brian S. v. Stephanie P.
Matter of Brian S. v Stephanie P.
2006 NY Slip Op 08781
Decided on November 21, 2006
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to
Judiciary Law § 431.
This opinion is uncorrected and subject to revision before
publication in the Official Reports.
Decided on November 21, 2006
SUPREME COURT OF THE STATE OF
APPELLATE DIVISION : SECOND
JUDICIAL DEPARTMENT
GABRIEL M. KRAUSMAN, J.P.
REINALDO E. RIVERA
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
2005-06697
(Docket No. V-2438-04)
[*1]In the Matter of Brian S. (Anonymous), respondent,
v
Stephanie P. (Anonymous), appellant.
Richard L. Herzfeld,
Harvey C. Kallus,
P.C., New Windsor, N.Y., for respondent.
George E. Reed, Jr.,
the child.
DECISION & ORDER
In a child custody proceeding pursuant to Family Court Act
article 6, the mother appeals, as limited by her brief, from so much of an
order of the Family Court, Orange County (Klein, J.), entered May 24, 2005, as,
after a hearing, granted the father's petition for custody of the subject
child.
ORDERED that the order is affirmed insofar
as appealed from, without costs or disbursements.
Custody determinations depend " to
a very great extent upon the hearing court's assessment of the credibility of
the witnesses and of the character, temperament, and sincerity of the
parties'" (Matter of Venette v
The essential consideration in any custody controversy is
the best interests of the child (see Eschbach v Eschbach, supra at 171; Matter of Venette
v
The Family Court's determination that the best interests of
the child would be served by a change of custody to the father was supported by
a sound and substantial basis in the record and should not be disturbed (see Eschbach v Eschbach, supra at
174; Matter of Timosa v Chase, 21 AD3d 1115, 1116).
The mother's remaining contentions are without merit.
KRAUSMAN, J.P., RIVERA, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court