Opinion
December 31, 1998
Appeal from the Family Court, Rockland County (Garvey, J.).
Ordered that the appeal from the order is dismissed, as the portions of the order appealed from were superseded by the amended order; and it is further,
Ordered that the appeal from so much of the amended order as referred the part of the petition as was to terminate his obligation to pay child support to a Hearing Examiner is dismissed, as no appeal lies as of right from that portion of the order ( see, Family Ct Act § 1112); and it is further,
Ordered that the amended order is affirmed insofar as reviewed; and it is further,
Ordered that the respondent is awarded one bill of costs.
The hearing court determined that considering the totality of the circumstances, the best interests of the child Kareem warranted a change from the sole custody of the mother to the joint custody of both the mother and the father. Its decision is entitled to great weight on appeal and should not be disturbed unless it lacks a sound basis in the record ( see, Eschbach v. Eschbach, 56 N.Y.2d 167, 171-173; Matter of Lopez v. Lopez, 233 A.D.2d 398, 399). Contrary to the father's contention, the parties' relationship 15 not so antagonistic and bitter as to make the award of joint custody of the subject child unsupportable ( see, Braiman v. Braiman, 44 N.Y.2d 584). The record indicates that the parties have demonstrated a willingness to cooperate for the sake of their children and have agreed in the past with respect to the subject child's living arrangements, discipline, education, and general well-being.
The father's remaining contention is without merit.
Miller, J. P., Ritter, Sullivan and Pizzuto, JJ., concur.