| Matter of Gordon v Goldin |
| 2012 NY Slip Op 03837 [95 AD3d 1115] |
| May 15, 2012 |
| Appellate Division, Second Department |
| In the Matter of Noni Gordon, Respondent, v DmitriyGoldin, Appellant. |
—[*1]
In a child custody proceeding pursuant to Family Court Act article 6, the father appeals, aslimited by his brief, from so much of an order of the Family Court, Kings County (Hepner, J.),dated June 24, 2011, as granted the mother's petition for sole custody of the subject child withcertain visitation to him.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
In resolving custody and visitation disputes, the paramount concern is the best interests of thechild (see Eschbach v Eschbach, 56 NY2d 167 [1982]; Friederwitzer vFriederwitzer, 55 NY2d 89 [1982]; Matter of Harry v Harry, 92 AD3d 883 [2012]; Matter of Awan v Awan, 63 AD3d733 [2009]). The Family Court's determination of custody and visitation disputes is largelydependent upon an assessment of the credibility of the parties, and those credibilitydeterminations are generally accorded deference on appeal. The determination should not bedisturbed unless it lacks a sound and substantial basis in the record (see Matter of Cordero v DeLeon, 92AD3d 943 [2012]; Matter of Harry v Harry, 92 AD3d at 883-884; Matter of Awan v Awan, 63 AD3d733 [2009]).
Contrary to the father's contention, the Family Court properly considered the totality of thecircumstances in determining that the best interests of the subject child would be served byawarding sole custody of the child to the mother (see Eschbach v Eschbach, 56 NY2d167 [1982]; Gonzalez v Gonzalez,17 AD3d 635, 636 [2005]), with extensive visitation to the father pursuant to a schedule setforth by the court (see Matter of Bassukv Bassuk, 93 AD3d 664 [2012]). The Family Court's determination is supported by therecord, including the testimony of the parties. Since the Family Court's determination has a soundand substantial basis in the record, it will not be disturbed (see Matter of Cordero v DeLeon, 92 AD3d 943 [2012]; Matterof Harry v Harry, 92 AD3d at 883-884; Matter of Duran v Sutherland, 86 AD3d 539 [2011]; Matter of Awan v Awan, 63 AD3d733 [2009]).
The father's remaining contentions are without merit. Dillon, J.P., Florio, Lott and Sgroi, JJ.,concur.