Opinion
2002-03455
Argued October 15, 2002.
October 28, 2002.
In an action for a divorce and ancillary relief, the defendant mother appeals, by permission, from an order of the Supreme Court, Westchester County (Spolzino, J.), entered April 1, 2002, which, after a nonjury trial, awarded custody of the parties' two children to the plaintiff father.
Berman Bavero Frucco Gouz, P.C., White Plains, N.Y. (Howard Leitner of counsel), for appellant.
Neal D. Futerfas, White Plains, N.Y., for respondent.
Lucille Oppenheim, White Plains, N.Y., Law Guardian for the children.
Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The evidence established that the mother interfered with the relationship between the children and the father. Such action is "so inconsistent with the best interests of the child[ren] that it raises, by itself, a strong probability that the offending party is unfit to act as a custodial parent" (Matter of Gago v. Acevedo, 214 A.D.2d 565, 566; see Young v. Young, 212 A.D.2d 114). Accordingly, the Supreme Court's determination awarding custody to the father has a sound and substantial basis in the record (see Young v. Young, supra).
The mother's remaining contentions are without merit.
ALTMAN, J.P., GOLDSTEIN, McGINITY and MASTRO, JJ., concur.