Opinion
June 29, 1998
Appeal from the Supreme Court, Richmond County (Maltese, J.).
Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Richmond County, for an immediate trial to be commenced on July 27, 1998, on the issue of permanent custody.
Based upon the recommendation of the Law Guardian and the psychologist, who had experience with the special needs of children with learning disabilities, the Supreme Court's finding that the best interests of the child would be served by the father having temporary custody has a sound and substantial basis in the record ( see, Eschbach v. Eschbach, 56 N.Y.2d 167, 173-174; Matter of Cotoia v. Cotoia, 232 A.D.2d 411; Matter of Canazon v. Canazon, 215 A.D.2d 652).
Nothing contained in this decision is intended to have any effect on the issue of permanent custody. A specific trial date has been set so that a determination can be made before the start of the new school year.
Mangano, P.J., Sullivan, Florio and McGinity, JJ., concur.