Opinion
July 10, 1987
Appeal from the Supreme Court, Erie County, Heffron, J.H.O.
Present — Denman, J.P., Boomer, Balio, Lawton and Davis, JJ.
Order unanimously affirmed with costs. Memorandum: The Hearing Officer, after a lengthy trial, determined that the best interests of the parties' two daughters, ages 7 and 6, would be advanced by awarding custody to the defendant. The testimony on nearly every issue was in conflict, but a reasonable basis exists for the court's resolution of credibility issues in defendant's favor. The Hearing Officer found that the defendant was more flexible, considerate, thoughtful, and open in his concern and care for the children and would provide a more stable, calm and relaxed home environment that would positively impact on the children. In the Hearing Officer's view, defendant could better promote the emotional and intellectual development of the children in the long run and would promote the relationship of the children with plaintiff. These findings have a sound and substantial basis in the record, and it is clear that the Hearing Officer has carefully weighed those factors relevant to a determination of best interests of the children (see, Matter of Louise E.S. v. W. Stephen S., 64 N.Y.2d 946, 947; Eschbach v. Eschbach, 56 N.Y.2d 167, 172; Matter of Saunders v. Saunders, 60 A.D.2d 701). Under the circumstances, there is no basis for us to disturb the findings of the Hearing Officer (see, Pawelski v. Buchholtz, 91 A.D.2d 1200).