| Matter of Christopher J.S. v Colleen A.B. |
| 2007 NY Slip Op 07156 [43 AD3d 1350] |
| September 28, 2007 |
| Appellate Division, Fourth Department |
| In the Matter of Christopher J.S., Sr., Respondent, v Colleen A.B.,Appellant. |
—[*1] Stocker & Margulis, LLP, Williamsville (Randy S. Margulis of counsel), forpetitioner-respondent.
Appeal from an order of the Family Court, Niagara County (John F. Batt, J.), entered August8, 2006 in a proceeding pursuant to Family Court Act article 6. The order granted sole custody ofthe parties' child to petitioner and visitation to respondent.
It is hereby ordered that the order so appealed from be and the same hereby is unanimouslyaffirmed without costs.
Memorandum: Respondent mother appeals from an order modifying an order of joint custodyby granting sole custody of the parties' child to petitioner father. We affirm. Family Court'sdetermination "must be accorded great deference . . . and should not be disturbedwhere, as here, it is supported by a sound and substantial basis in the record" (Matter ofGreen v Mitchell, 266 AD2d 884 [1999]). The court was "in the best position to evaluate thecharacter and credibility of the witnesses" (Matter of Nunnery v Nunnery, 275 AD2d986, 987 [2000]), and we see no reason to disturb the court's determination that it was in the bestinterests of the child to award sole custody to the father (see generally Eschbach vEschbach, 56 NY2d 167, 171 [1982]). Contrary to the mother's contention, the recordsupports the court's determination that joint custody is inappropriate inasmuch as the parties havean acrimonious relationship and are unable to communicate with each other in a civil manner(see Matter of Dube v Dube, 259 AD2d 1041 [1999]). Present—Hurlbutt, J.P.,Martoche, Smith, Lunn and Peradotto, JJ.