Opinion
2015-06-12
In the Matter of Elizabeth A. DENISE, Petitioner–Appellant, v. Theodore R. DENISE, Respondent–Respondent.
David J. Pajak, Alden, for Petitioner–Appellant. Wendy S. Sisson, Geneseo, for Respondent–Respondent.
David J. Pajak, Alden, for Petitioner–Appellant. Wendy S. Sisson, Geneseo, for Respondent–Respondent.
Lorenzo Napolitano, Attorney for the Child, Rochester.
PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, LINDLEY, AND WHALEN, JJ.
MEMORANDUM:
Petitioner mother appeals from an order that, inter alia, awarded respondent father custody of the parties' child. Contrary to the mother's contention, “this proceeding involves an initial court determination with respect to custody and, ‘[a]lthough the parties' informal arrangement is a factor to be considered, [the father] is not required to prove a substantial change in circumstances in order to warrant a modification thereof’ ” ( Matter of Thillman v. Mayer, 85 A.D.3d 1624, 1625, 926 N.Y.S.2d 779). Affording great deference to Family Court's assessment of witness credibility, we conclude that the court's determination to award custody of the child to the father with liberal visitation to the mother is supported by a sound and substantial basis in the record ( see Matter of Cross v. Caswell, 113 A.D.3d 1107, 1107, 977 N.Y.S.2d 853; see generally Eschbach v. Eschbach, 56 N.Y.2d 167, 172–174, 451 N.Y.S.2d 658, 436 N.E.2d 1260).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.