Opinion
2018-04332 2018-04333 Docket Nos. V-12090-12/12A, V-18727-16/16A
05-01-2019
In the Matter of Quwanda Dee LAW, Appellant, v. Adrian LALSA, Respondent. (Proceeding No. 1) In the Matter of Adrian Lalsa, Respondent, v. Quwanda Dee Law, Appellant. (Proceeding No. 2)
Francine Shraga, Brooklyn, NY, for appellant. Jeffrey C. Bluth, New York, NY, for respondent. Heidi Luna, Jamaica, NY, attorney for the child.
Francine Shraga, Brooklyn, NY, for appellant.
Jeffrey C. Bluth, New York, NY, for respondent.
Heidi Luna, Jamaica, NY, attorney for the child.
WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, JOSEPH J. MALTESE, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDERORDERED that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v. J.A. Green Constr. Corp., 100 A.D.2d 509, 472 N.Y.S.2d 718 ); and it is further,ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The parties are the parents of one child. In these related proceedings, the Family Court, following a hearing, in effect, denied that branch of the mother's petition which was to modify an order of custody and parental access so as to limit the father to supervised parental access with the parties' child. The mother appeals.
A court may modify an order awarding custody and parental access upon a showing that there has been a subsequent change of circumstances and that modification is in the best interests of the child (see Matter of Mack v. Kass, 115 A.D.3d 748, 748–749, 981 N.Y.S.2d 593 ). The best interests of the child are determined by a review of the totality of the circumstances (see Eschbach v. Eschbach, 56 N.Y.2d 167, 451 N.Y.S.2d 658, 436 N.E.2d 1260 ). Supervised parental access is appropriate where it is established that unsupervised parental access would be detrimental to the child (see Irizarry v. Irizarry, 115 A.D.3d 913, 914, 982 N.Y.S.2d 581 ). The determination of whether parental access should be supervised is a matter left to the trial court's sound discretion, and its findings will not be disturbed on appeal unless they lack a sound and substantial basis in the record (see id. at 914–915, 982 N.Y.S.2d 581 ). Here, contrary to the mother's contention, the Family Court's determination not to limit the father to supervised parental access with the child has a sound and substantial basis in the record, and will not be disturbed (see id. at 915, 982 N.Y.S.2d 581 ).
MASTRO, J.P., LEVENTHAL, MALTESE and BRATHWAITE NELSON, JJ., concur.