| Matter of Quinones v Ibarrondo |
| 2009 NY Slip Op 08017 [67 AD3d 686] |
| November 4, 2009 |
| Appellate Division, Second Department |
| In the Matter of Ismael Izzy Quinones, Jr.,Respondent, v Cherylynn Ibarrondo, Appellant. |
—[*1] Cheryl Charles-Duval, Brooklyn, N.Y., for respondent. Karen P. Simmons, Brooklyn, N.Y. (Barbara H. Dildine of counsel), attorney for thechild.
In a child custody proceeding pursuant to Family Court Act article 6, the mother appealsfrom an order of the Family Court, Kings County (Sacco, J.), dated October 1, 2008, which, aftera hearing, granted the father's petition to modify an order of the same court (Olshansky, J.), datedOctober 5, 2005, awarding the parties joint custody of the subject child, so as to award him solecustody of the child.
Ordered that the order is affirmed, without costs or disbursements.
"Modification of an existing custody or visitation arrangement is permissible only upon ashowing that there has been a change in circumstances such that a modification is necessary toensure the continued best interests and welfare of the child" (Matter of Grant v Hunter, 64 AD3d 779, 779 [2009], quoting Matter of Riedel v Riedel, 61 AD3d979 [2009]). The best interests of the child are determined by a review of the totality of thecircumstances (see Eschbach v Eschbach, 56 NY2d 167, 171 [1982]; Matter of Olivera v Martinez, 64AD3d 714 [2009]).
A determination by the Family Court with respect to custody should be accorded greatdeference on appeal, since it had the opportunity to assess the witnesses' demeanor andcredibility (see Matter of Lightbody vLightbody, 42 AD3d 537 [2007]). Here, there is no basis to disturb the Family Court'sdetermination that it would be in the best interests of the child to award sole custody to thefather, as it has a sound and substantial basis in the record (see Matter of Olivera v Martinez, 64 AD3d 714 [2009]). Dillon,J.P., Dickerson, Lott and Austin, JJ., concur.