Opinion
March 7, 1994
Appeal from the Supreme Court, Queens County (Graci, J.).
Ordered that the judgment is affirmed, with costs.
The instant appeal involves a custody dispute between the petitioners, the maternal grandparents, and the father of the child in question. Contrary to the father's contention, we find that there was sufficient evidence before the court for it to conclude that the father's history of domestic violence and spousal abuse constituted the extraordinary circumstances required for it to proceed to a consideration of the best interests of the child (see, Matter of Bennett v. Jeffreys, 40 N.Y.2d 543; see also, Matter of Male Infant L., 61 N.Y.2d 420; Matter of Nellie R. v. Betty S., 187 A.D.2d 597).
We further agree with the Supreme Court's determination, after the best interests analysis, to award custody of the child to the maternal grandparents. The analysis of the various factors to be taken into account in deciding a custody question is best made by the hearing court because that court is in the most advantageous position to evaluate the testimony, character, and sincerity of the parties (see, Eschbach v. Eschbach, 56 N.Y.2d 167; Matter of Nellie R. v. Betty S., supra; Klat v. Klat, 176 A.D.2d 922). Thus, custody matters are ordinarily within the discretion of the trial court and its findings are entitled to great weight on appeal and should be set aside only if, unlike here, they lack a sound and substantial basis in the record (see, Eschbach v. Eschbach, supra; Matter of Nellie R. v. Betty S., supra).
We have reviewed the appellant's remaining contentions and find them to be without merit. Sullivan, J.P., Joy, Friedmann and Goldstein, JJ., concur.