Opinion
2013-03-12
In re MAUREEN H., Petitioner–Appellant, v. SAMUEL G., Sr., Respondent–Respondent, Administration for Children's Services, Respondent.
Leslie S. Lowenstein, Woodmere, for appellant. Geoffrey P. Berman, Larchmont, for Samuel G., Sr., respondent.
Leslie S. Lowenstein, Woodmere, for appellant. Geoffrey P. Berman, Larchmont, for Samuel G., Sr., respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Judith Waksberg of counsel), attorney for the children.
MAZZARELLI, J.P., SAXE, DEGRASSE, MANZANET–DANIELS, CLARK, JJ.
Order, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about April 27, 2012, which, after a hearing, denied appellant mother's petition to modify a prior order of custody, unanimously affirmed, without costs.
There exists no basis upon which to disturb Family Court's determination, reached after a full evidentiary hearing at which it had the opportunity to hear the testimony of the witnesses, including both parents, that it is in the subject children's best interest for them to remain in their father's custody ( see Eschbach v. Eschbach, 56 N.Y.2d 167, 172, 451 N.Y.S.2d 658, 436 N.E.2d 1260 [1982] );Matter of Nelissa O. v. Danny C., 70 A.D.3d 572, 572–573, 894 N.Y.S.2d 431 [1st Dept. 2010] ). A sound and substantial basis in the record supports this determination. The children are happy and well cared for by their father who has provided for their medical care and special needs ( see Matter of James Joseph M. v. Rosana R., 32 A.D.3d 725, 726, 821 N.Y.S.2d 168 [1st Dept. 2006], lv. denied8 N.Y.3d 806, 832 N.Y.S.2d 488, 864 N.E.2d 618 [2007];and see, Stanat v. Stanat, 93 A.D.2d 114, 116, 461 N.Y.S.2d 32 [1st Dept. 1983], lv. denied59 N.Y.2d 605, 464 N.Y.S.2d 1025, 451 N.E.2d 504 [1983] ).
Appellant's contention of alleged judicial bias has not been preserved for appellate review, and we decline to review it in the interest of justice. As an alternative holding, we find that the record fails to support appellant's allegation of bias ( see Matter of Malinda V., 221 A.D.2d 549, 549–550, 633 N.Y.S.2d 396 [2d Dept. 1995], lv. denied87 N.Y.2d 811, 644 N.Y.S.2d 144, 666 N.E.2d 1058 [1996] ).