Opinion
September 30, 1997
Appeal from Order of Wyoming County Family Court, Griffith, J.
Present — Denman, P.J., Hayes, Callahan, Doerr and Fallon, JJ.
We reject respondent's contention that the determination changing physical custody of the parties' daughter from respondent to petitioner lacks a sound and substantial basis in the record ( see, White v. White, 209 A.D.2d 949, lv dismissed 85 N.Y.2d 924; Fox v. Fox, 177 A.D.2d 209, 211-212). Upon our review of the record, we conclude that petitioner met his burden of showing that the change of custody is in the child's best interests ( see, Matter of Ammann v. Ammann, 209 A.D.2d 1032; see also, Eschbach v. Eschbach, 56 N.Y.2d 167, 171-174).