Opinion
October 3, 1995
Appeal from the Family Court, New York County (Leah Ruth Marks, J.).
The trial court's findings are to be accorded great respect ( Eschbach v. Eschbach, 56 N.Y.2d 167, 173-174), as the trial court is in the best position to evaluate the credibility of the parties and professionals, and thus its findings will not be disturbed unless they lack a sound and substantial basis in the record ( Matter of Daniel R. v. Noel R., 195 A.D.2d 704, 706). The court properly determined that respondent failed to provide evidence that petitioner had sexually abused her daughter from a previous marriage. Nor was the court obliged to adopt the recommendations of the law guardian at trial ( Zelnik v. Zelnik, 196 A.D.2d 700), who on appeal has undergone a change of position and now supports the determination of the trial court. The court's custody determination was based upon the totality of the circumstances and is in the best interests of the child ( see, Friederwitzer v Friederwitzer, 55 N.Y.2d 89, 95; Eschbach v. Eschbach, supra, at 172-173).
Concur — Sullivan, J.P., Wallach, Rubin, Ross and Nardelli, JJ.