Opinion
11-09-2017
In the Matter of Eric BURK, Petitioner–Respondent, v. Sabrina TRENTO, Respondent–Appellant. In the Matter of Sabrina Trento, Petitioner–Appellant, v. Eric Burk, Respondent–Respondent.
Paul M. Deep, Utica, for respondent-appellant and petitioner-appellant. Paul Skavina, Rome, for petitioner-respondent and respondent-respondent.
Paul M. Deep, Utica, for respondent-appellant and petitioner-appellant.
Paul Skavina, Rome, for petitioner-respondent and respondent-respondent.
MEMORANDUM:Respondent-petitioner mother appeals from an order that, inter alia, granted petitioner-respondent father's amended petition by awarding him primary physical residence and sole legal custody of the parties' child. We reject the mother's contention that Family Court's determination lacks a sound and substantial basis in the record.
It is well settled that a custody determination following a hearing is entitled to great deference (see Eschbach v. Eschbach, 56 N.Y.2d 167, 173, 451 N.Y.S.2d 658, 436 N.E.2d 1260 [1982] ), "particularly in view of the hearing court's superior ability to evaluate the character and credibility of the witnesses" (Matter of Thillman v. Mayer, 85 A.D.3d 1624, 1625, 926 N.Y.S.2d 779 [4th Dept.2011] ). In our view, the court's written decision establishes that the court engaged in a " ‘careful weighing of [the] appropriate factors' " (Matter of Triplett v. Scott, 94 A.D.3d 1421, 1422, 942 N.Y.S.2d 303 [4th Dept.2012] ), and the court's determination has a sound and substantial basis in the record (see Matter of Bonnell v. Rodgers, 106 A.D.3d 1515, 1516, 966 N.Y.S.2d 316 [4th Dept.2013], lv. denied 21 N.Y.3d 864, 2013 WL 4790632 [2013] ; Thillman, 85 A.D.3d at 1625, 926 N.Y.S.2d 779 [2013] ).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
CARNI, J.P., LINDLEY, NEMOYER, CURRAN, and TROUTMAN, JJ., concur.