Matter of Taylor G.

2009 NY Slip Op 01000 [59 AD3d 212]

February 10, 2009

Appellate Division, First Department

As corrected through Wednesday, April 1, 2009

In the Matter of Taylor G., an Infant. William C., Respondent;Juelle G., Appellant.

—[*1]Elisa Barnes, New York, for appellant.

Anne Reiniger, New York, for respondent.

Order, Family Court, New York County (Susan R. Larabee, J.), entered on or about May 15,2007, which granted full custody of the subject child to petitioner father, unanimously affirmed,without costs.

The totality of the circumstances establish that the award of custody to petitioner was in thebest in interests of the child and has a sound and substantial basis in the record (see Eschbachv Eschbach, 56 NY2d 167 [1982]). Although awarding custody to petitioner is contrary tothe expressed wishes of the child, the desire of the child is one of many factors to be consideredand is not determinative, particularly where, as here, all of the additional factors weigh heavily infavor of granting custody to petitioner (id. at 172-173). Concur—Tom, J.P., Saxe,McGuire, Moskowitz and Freedman, JJ.