Opinion
03-31-2016
In re CARLOS S., Petitioner–Respondent, v. ANA S., Respondent–Appellant.
Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for appellant. Andrew J. Baer, New York, for respondent. Karen P. Simmons, The Children's Law Center, Brooklyn (Susan M. Cordaro of counsel), attorney for the children.
Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for appellant.
Andrew J. Baer, New York, for respondent.
Karen P. Simmons, The Children's Law Center, Brooklyn (Susan M. Cordaro of counsel), attorney for the children.
Order, Family Court, Bronx County (Sue Levy, Referee), entered on or about June 26, 2014, which, after a fact-finding hearing, inter alia, awarded sole custody and decision-making authority with respect to the subject children to petitioner father with extensive visitation to respondent mother, unanimously affirmed, without costs.
The court's determination has a sound and substantial basis in the record (see Matter of Ernestine L. v. New York City Admin. for Children's Servs., 71 A.D.3d 510, 896 N.Y.S.2d 72 [1st Dept.2010] ). Given the children's special needs, the record amply supports the finding that the father is better equipped to oversee their care (see Matter of Xiomara M. v. Robert M., 102 A.D.3d 581, 958 N.Y.S.2d 391 [1st Dept.2013] ). There exists no basis to disturb the credibility determinations of the Referee (see Matter of Mildred S.G. v. Mark G., 62 A.D.3d 460, 879 N.Y.S.2d 402 [1st Dept.2009] ).
MAZZARELLI, J.P., RENWICK, MOSKOWITZ, KAPNICK, KAHN, JJ., concur.