Opinion
June 23, 1998
Appeal from the Supreme Court, New York County (Fern Fisher-Brandveen, J.).
The Special Referee's recommendation that there be a change of custody was properly rejected for lack of record evidence of the child's best interests (see, Allen v. Farrow, 215 A.D.2d 137, 138, 140; Matter of Krebsbach v. Gallagher, 181 A.D.2d 363, 364-365, lv denied 81 N.Y.2d 701), and his recommendation that plaintiff be held in contempt for frustrating visitation was properly rejected in the absence of the complete hearing minutes (cf., Di Francesco v. Di Francesco, 23 A.D.2d 740).
Concur — Sullivan, J. P., Rosenberger, Wallach and Tom, JJ.