Opinion
April 19, 1996
Appeal from the Niagara County Family Court, Halpin, J.
Present — Denman, P.J., Green, Fallon, Callahan and Doerr, JJ.
Order unanimously affirmed without costs. Memorandum: In a custody case, we accord respect to "the Trial Judge's advantage * * * in being able to observe the demeanor of the witnesses" ( Matter of Louise E.S. v. W. Stephen S., 64 N.Y.2d 946, 947). Family Court evaluated the testimony, character, and sincerity of the parties and we will not substitute our "own evaluation of [those] subjective factors for that of the nisi prius court" ( Eschbach v. Eschbach, 56 N.Y.2d 167, 173). The court did not abuse its discretion in ordering joint custody with primary physical custody with the father.