Opinion
February 16, 2000
Appeal from Order of Wayne County Family Court, Kehoe, J. — Custody.
PRESENT: PINE, J. P., HAYES, PIGOTT, JR., AND BALIO, JJ.
Order unanimously affirmed without costs.
Memorandum:
"The court's determination regarding custody and visitation issues, based upon a first-hand assessment of the credibility of the witnesses after an evidentiary hearing, is entitled to great weight and will not be set aside unless it lacks an evidentiary basis in the record ( see, Paul G. v. Donna G., 175 A.D.2d 236, 237; D'Errico v. D'Errico, 158 A.D.2d 503, 504; Lenczycki v. Lenczycki, 152 A.D.2d 621, 623)" ( Matter of Samuel L. J. v. Sherry H., 206 A.D.2d 886, lv denied 84 N.Y.2d 810; see also, Matter of Dube v. Dube, 259 A.D.2d 1041). Family Court's assessment of credibility is supported by the record and will not be disturbed. The court properly precluded hearsay testimony by respondent.