Matter of Edwards v Crombie
2009 NY Slip Op 05125 [63 AD3d 926]
June 16, 2009
Appellate Division, Second Department
As corrected through Wednesday, August 5, 2009


In the Matter of Jennifer Edwards, Appellant,
v
IanCrombie, Respondent, and Alysa Stevens, Respondent. (Proceeding No. 1.) In the Matter ofAlysa Stevens, Respondent, v Ian Crombie, Respondent. Jennifer Edwards, Nonparty Appellant.(Proceeding No. 2.)

[*1]Gail Jacobs, Great Neck, N.Y., for appellant.

Neal D. Futerfas, White Plains, N.Y., for Alysa Stevens, respondent-respondent inproceeding No. 1 and petitioner-respondent in proceeding No. 2.

William A. Sheeckutz, Massapequa, N.Y., attorney for the children.

In related child custody proceedings pursuant to Family Court Act article 6, the paternalgrandmother appeals, as limited by her brief, from so much of an order of the Family Court,Nassau County (Doyle, Ct. Atty. Ref.), dated August 31, 2007, as, after a hearing, denied herpetition for custody of the subject children and granted the mother's petition to modify so muchof a prior order of the same court dated March 29, 2006, awarding the father custody of thesubject children, and awarded the mother custody of the subject children, with only limitedvisitation to the paternal grandmother.

Ordered that the order dated August 31, 2007, is affirmed insofar as appealed from, with onebill of costs.

Custody matters are within the sound discretion of the Family Court. The findings of theFamily Court should be accorded great deference on appeal since it is in the best position toevaluate the testimony, character, and sincerity of the parties (see Matter of Desroches vDesroches, 54 AD3d 1035 [2008]; Matter of Etienne v Sylvain, 47 AD3d 930, 931[2008]). The award of custody to the mother is supported by a sound and substantial basis in therecord, and there is no basis to disturb it (see Matter of Gilleo v Lienhard, 19 AD3d 490[2005]).

The paternal grandmother's remaining contentions are without merit. Skelos, J.P., Fisher,Belen and Lott, JJ., concur.


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