Opinion
Filed May 2, 2001.
Appeal from Order of Jefferson County Family Court, Hunt, J. — Custody.
PRESENT: PIGOTT, JR., P.J., PINE, WISNER, HURLBUTT AND KEHOE, JJ.
Order unanimously affirmed without costs.
Memorandum:
"Family Court's `determination regarding custody * * *, 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'" ( Matter of Stappenbeck v. Sitter, 280 A.D.2d 908 [decided Feb. 7, 2001], quoting Matter of Samuel L. J. v. Sherry H., 206 A.D.2d 886, lv denied 84 N.Y.2d 810). Here, there is a sound and substantial basis in the record for the court's determination that the best interests of the children would be served by awarding custody to petitioner ( see, Matter of Battaglia v. Hopkins, 280 A.D.2d 953 [decided Feb. 7, 2001]; Matter of Seymour v. Seymour, 267 A.D.2d 1053, lv denied 95 N.Y.2d 761).