| Matter of Garcia v Becerra |
| 2009 NY Slip Op 09224 [68 AD3d 864] |
| December 8, 2009 |
| Appellate Division, Second Department |
| In the Matter of David Garcia, Appellant, v Cindy Becerra,Respondent. (Proceeding No. 1.) In the Matter of Cindy Becerra, Respondent, v David Garcia,Appellant. (Proceeding No. 2.) |
—[*1] Catherine A. Sheridan, Carle Place, N.Y., attorney for the child.
In related child custody and visitation proceedings pursuant to Family Court Act article 6,the father appeals from (1) a decision of the Family Court, Queens County (Negron, Ct. Atty.Ref.), dated December 18, 2008, and (2), as limited by his brief, from stated portions of an orderof the same court, also dated December 18, 2008, which, upon the decision, made after ahearing, inter alia, denied that branch of his petition which was for custody of the subject child,granted the mother's cross petition for custody of the subject child, and granted the mother'sapplication for leave to relocate the subject child to Florida.
Ordered that the appeal from the decision is dismissed, without costs or disbursements, as noappeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509[1984]); and it is further,
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The primary consideration in any custody dispute is the best interests of the child (seeDomestic Relations Law § 70 [a]; Eschbach v Eschbach, 56 NY2d 167, 171[1982]). "Custody determinations depend to a very great extent upon the hearing court'sassessment of the credibility of the witnesses and of the character, temperament, and sincerity ofthe parties" (Matter of Brian S. vStephanie P., 34 AD3d 685, 686 [2006] [citations and internal quotation marksomitted]). "Where a hearing court has conducted a complete evidentiary hearing, its finding mustbe accorded great weight, and its grant of custody will not be disturbed unless it lacks a soundand substantial basis in the record" (Matter of Venette v Rhodes, 301 AD2d 608, 608[2003]; see Eschbach v Eschbach, 56 NY2d at 173).[*2]
The Family Court's determination that the best interestsof the child would be served by an award of custody to the mother was supported by a sound andsubstantial basis in the record and should not be disturbed (see Eschbach v Eschbach, 56NY2d at 174; Matter of Brian S. v Stephanie, P., 34 AD3d at 686).
"When reviewing a custodial parent's request to relocate, the court's primary focus must beon the best interests of the child" (Matter of Giraldo v Gomez, 49 AD3d 645, 645 [2008]; see Matter of Said v Said, 61 AD3d879, 881 [2009]). The Family Court, upon weighing the appropriate factors set forth inMatter of Tropea v Tropea (87 NY2d 727, 740-741 [1996]), properly determined thatrelocation was in the child's best interests.
The father's remaining contentions are without merit. Mastro, J.P., Florio, Balkin andLeventhal, JJ., concur.