Opinion
June 19, 1995
Appeal from the Supreme Court, Suffolk County (Fierro, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
We are satisfied that the Supreme Court properly determined the best interests of the children, Ryan and Casey, would be served by permitting them to remain with the plaintiff (see, Eschbach v Eschbach, 56 N.Y.2d 167, 173; see also, Alanna M. v. Duncan M., 204 A.D.2d 409; Kuncman v. Kuncman, 188 A.D.2d 517). While the defendant mother claims the plaintiff has not provided the children with adequate medical and dental care, "[o]nly when moral, mental, and physical conditions are so bad * * * [as to] seriously affect the health or morals of the children should the court be called upon to act with respect to a disagreement between the parents over the internal arrangements of family life" (Matter of De Luca v. De Luca, 202 A.D.2d 580, 581; People ex rel. Sisson v. Sisson, 271 N.Y. 285). In the instant case there is no evidence that conditions seriously affect the children's moral, mental, or physical states. As the determination of the Supreme Court awarding the plaintiff custody of the child and liberal visitation to the defendant is fully supported by a sound and substantial basis in the record, it shall not be disturbed (see, Ginsberg v. Ginsberg, 164 A.D.2d 906, 908). Balletta, J.P., Miller, Santucci and Altman, JJ., concur.