Opinion
2889.
Decided February 19, 2004.
Order, Family Court, Bronx County (Myrna Martinez-Perez, J.), entered on or about April 24, 1998, which denied petitioner's application for sole custody of the parties' child, and granted sole custody to respondent, unanimously affirmed, without costs.
Michele Hauser, for Petitioner-Appellant.
Valerie P. Bell-Bey, for Respondent-Respondent.
Before: Nardelli, J.P., Saxe, Lerner, Marlow, JJ.
Family Court properly accorded substantial weight to evidence showing that petitioner's interference with respondent's relationship with the child was "persistent" and "insidious," included unfounded allegations of child abuse and caused the child emotional harm ( see Matter of Mendez v. Hance, ___ A.D.3d ___, 767 N.Y.S.2d 570; Matter of Gago v. Acevedo, 214 A.D.2d 565, 566, lv denied 86 N.Y.2d 706). Also given proper consideration were the recommendation of the Law Guardian and the reports of two psychologists concluding that respondent should have custody ( see Young v. Young, 212 A.D.2d 114, 118-119). Petitioner was not denied due process when Family Court refused to assign him new counsel after permitting his assigned counsel to withdraw based on his refusal to cooperate with her without good cause, granted petitioner an adjournment to retain his own counsel, and thereafter permitted petitioner to proceed pro se when he appeared in court without his own counsel ( see Matter of Biskupski v. McClellan, 278 A.D.2d 912, 912; Matter of Child Welfare Admin. [John R.] v. Jennifer A., 218 A.D.2d 694). We have considered and rejected petitioner's other arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.