| Matter of Miller v Shaw |
| 2008 NY Slip Op 04703 [51 AD3d 927] |
| May 20, 2008 |
| Appellate Division, Second Department |
| In the Matter of Jaye Miller, Appellant, v Richard Shaw,Respondent. |
—[*1] Holtzman Helfman, LLP, New York, N.Y. (Cindy Helfman of counsel), for respondent. Carol Sherman, Brooklyn, N.Y. (Jennifer Rosenberg and Barbara H. Dildine of counsel),attorney for the child.
In a child custody proceeding pursuant to Family Court Act article 6, the mother appealsfrom an order of the Family Court, Kings County (O'Shea, J.), dated March 26, 2007, which,after a hearing, awarded sole custody of the subject child to the father.
Ordered that the order is affirmed, without costs or disbursements.
The Family Court did not err in awarding permanent custody to the father. The determinationof the Family Court in a custody dispute is generally accorded great deference on appeal, andshould not be disturbed unless it lacks a sound and substantial basis in the record, as it is basedupon a firsthand assessment of the parties, their credibility, their character, and their temperament(see Matter of Garcia v Perez, 48AD3d 812 [2008]). There is no basis here to disturb the Family Court's determination.
To the extent that the mother raises issues regarding the temporary custody order, thoseissues are academic. The order awarding the father temporary custody of the child wassuperseded by the order awarding him permanent custody, and the temporary order is no longerof any effect. Any alleged defect in the temporary order does not render defective the permanentorder, which was [*2]based upon a full and fair hearing (seeCucinello v Cucinello, 234 AD2d 365 [1996]). Florio, J.P., Miller, Dillon and McCarthy, JJ.,concur.