Opinion
2012-05-1
In the Matter of Kristen OLMSTED, respondent, v. Paul BORONOW, appellant.
Glenn S. Koopersmith, Garden City, N.Y., for appellant. Glen A. Suarez, P.C., Huntington, N.Y., for respondent.
Glenn S. Koopersmith, Garden City, N.Y., for appellant. Glen A. Suarez, P.C., Huntington, N.Y., for respondent.
Diane B. Groom, Central Islip, N.Y., attorney for the child.
In a child custody and visitation proceeding pursuant to Family Court Act article 6, the father appeals, as limited by his brief, from so much of an order of the Family Court, Suffolk County (Lechtrecker, Ct. Atty. Ref.), dated March 28, 2011, as, after a hearing, awarded residential custody of the parties' child to the mother.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
“The court's paramount concern in any custody dispute is to determine, under the totality of the circumstances, what is in the best interests of the child” ( Matter of Julie v. Wills, 73 A.D.3d 777, 777, 899 N.Y.S.2d 669; see Eschbach v. Eschbach, 56 N.Y.2d 167, 171, 451 N.Y.S.2d 658, 436 N.E.2d 1260; Haggerty v. Haggerty, 78 A.D.3d 998, 999, 911 N.Y.S.2d 639). “Because custody*817 determinations depend to a great extent upon an assessment of the character and credibility of the parties and witnesses, deference is accorded to the trial court's findings, and such findings will not be disturbed unless they lack a sound and substantial basis in the record” ( Matter of Otero v. Nieves, 77 A.D.3d 756, 756–757, 908 N.Y.S.2d 603; see Haggerty v. Haggerty, 78 A.D.3d at 999, 911 N.Y.S.2d 639; Matter of Julie v. Wills, 73 A.D.3d at 777, 899 N.Y.S.2d 669). Here, the Family Court's award of residential custody of the parties' child to the mother has a sound and substantial basis in the record and will not be disturbed ( see Matter of McDonough v. McDonough, 73 A.D.3d 1067, 1068, 899 N.Y.S.2d 892; Matter of Chieco v. Finn, 68 A.D.3d 762, 891 N.Y.S.2d 280).