Opinion
919
April 30, 2002.
Order and judgment (one paper), Supreme Court, New York County (Joan Lobis, J.), entered October 5, 2000, inter alia, awarding respondent mother sole custody of the parties' child with liberal visitation to petitioner father, unanimously affirmed, without costs.
John Smargiassi, for petitioner-appellant .
Jane Faye, respondent-respondent pro se.
Before: Nardelli, J.P., Sullivan, Ellerin, Lerner, Rubin, JJ.
The record amply supports findings that a deterioration in the parties' relationship has made a prior joint custody arrangement no longer feasible, and that the mother's sole custody is in the child's best interests (see, Eschbach v. Eschbach, 56 N.Y.2d 167; Matter of Thayer v. Ennis, 292 A.D.2d 824, 2002 N.Y. App. Div. LEXIS 2618). We reject the father's argument that the hearing court failed to give proper weight to evidence that he is more devoted to the child's educational development and that his residence allows the child to attend a "magnet" school. The evidence in that regard was explicitly discussed in the hearing court's decision, and no basis exists for disturbing its finding that the totality of the circumstances, including the quality of the schools where the mother lives, warrants the mother's sole custody (see, Eschbach v. Eschbach, supra, at 172, 173-174). The parties' acrimonious relationship renders impractical the father's alternative suggestion that he be given joint authority to decide educational issues.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.