| Matter of Struble v Struble |
| 2007 NY Slip Op 08239 [44 AD3d 1060] |
| October 30, 2007 |
| Appellate Division, Second Department |
| In the Matter of Burton Struble, Respondent, v MelissaStruble, Appellant. |
—[*1] Janet A. Gandolfo, Sleepy Hollow, N.Y., for respondent. John A. Pappalardo, White Plains, N.Y., Law Guardian.
In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals, aslimited by her brief, from so much of an order of the Family Court, Orange County (Klein, J.),entered March 19, 2007, as, after a hearing, granted the father's petition for sole custody of thesubject child and established a visitation schedule for her.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The essential consideration in determining custody is the best interests of the child (seeEschbach v Eschbach, 56 NY2d 167, 171 [1982]). The Family Court's custody determination"depends to a great extent upon its assessment of the credibility of the witnesses and upon theassessments of the character, temperament, and sincerity of the parents" (Maloney vMaloney, 208 AD2d 603, 603 [1994]; see Cuccurullo v Cuccurullo, 21 AD3d 983,984 [2005]). Therefore, it should not be set aside unless it lacks a sound and substantial basis inthe record (see Neuman v Neuman, 19 AD3d 383, 384 [2005]; Maloney vMaloney, 208 AD2d at 603). Here, the Family Court's credibility determination, to which weaccord great deference on appeal, has a sound and substantial basis in the record. Accordingly,the Family Court's determination to award sole custody to the father will not be disturbed.[*2]
The mother's remaining contentions are either withoutmerit or do not warrant reversal. Prudenti, P.J., Fisher, Dillon and Carni, JJ., concur.