Opinion
Argued January 3, 2000
February 17, 2000
In an action for a divorce and ancillary relief, the defendant mother appeals from an order of the Supreme Court, Suffolk County (Oliver, J.), dated July 2, 1998, which, inter alia, awarded the plaintiff father custody of the parties' two infant children.
Firestone Firestone, Hauppauge, N.Y. (Arnold B. Firestone and Darla A. McDonald of counsel), for appellant.
Young, Toupin Gearty, Coram, N.Y. (Jonathan M. Young of counsel), for respondent.
GUY JAMES MANGANO, P.J., LAWRENCE J. BRACKEN, DANIEL W. JOY, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court's determination that it was in the best interests of the children to award sole custody of both children to the father has a sound and substantial basis in the record (see, Eschbach v. Eschbach, 56 N.Y.2d 167; Goodman v. Draper, 266 A.D.2d 651; [3d Dept., Nov. 10, 1999]; Kelley-Milone v. Milone, 256 A.D.2d 554; cf., Matter of Hamza v. Hamza, 256 A.D.2d 618).
The Supreme Court providently exercised its discretion in declining to appoint a successor law guardian under the particular circumstances of this case (see, Matter of Walker v. Tallman, 256 A.D.2d 1021; Matter of Farnham v. Farnham, 252 A.D.2d 675; Nacson v. Nacson, 166 A.D.2d 510; cf., Matter of Acosta v. Acosta, 259 A.D.2d 747).
The mother's remaining contentions are without merit.