Opinion
April 20, 1998
Appeal from the Family Court, Rockland County (Garvey, J.)
Ordered that the order is affirmed insofar as appealed from, with costs.
Custody matters are within the discretion of the Family Court and its findings should be accorded great weight on appeal since it was in the best position to evaluate the testimony, character, and sincerity of the parties ( see, Eschbach v. Eschbach, 56 N.Y.2d 167, 173-174; Klat v. Klat, 176 A.D.2d 922). Its determination should not be disturbed unless it lacks a sound and substantial basis in the record ( see, Matter of Nellie R. v. Betty S., 187 A.D.2d 597).
Here, the hearing evidence establishes that there were extraordinary circumstances to rebut the presumption in favor of the mother and turn the custody inquiry to one of the best interests of the child ( see, Matter of Bennett v. Jeffreys, 40 N.Y.2d 543). There is no basis to disturb the Family Court's determination in this case as it is in the best interests of the child to be placed with his paternal aunt ( see, Eschbach v. Eschbach, supra, at 171).
Ritter, J.P., Sullivan, Krausman and Luciano, JJ., concur.