Opinion
May 24, 2001
Order, Family Court, New York County (George Jurow, J.), entered on or about February 3, 2000, which, after a hearing, awarded custody of the parties' child to petitioner, unanimously affirmed, without costs.
Alicia M. Crowe for petitioner-respondent.
Barbara D. Goldberg for respondent-appellant.
Ann Marie Scalia, Guardian ad Litem.
Before: Nardelli, J.P., Mazzarelli, Wallach, Lerner, Friedman, JJ.
When we accord Family Court's assessment of the parties' credibility, personalities, characters and temperaments the deference required by law (see, Victor L. v. Darlene L., 251 A.D.2d 178, lv denied 92 N.Y.2d 816, citing, inter alia, Eschbach v. Eschbach, 56 N.Y.2d 167, 173), we find the award of custody in favor of petitioner has ample support in the record. Family Court properly considered the appropriate factors in making its determination, and gave appropriate weight to the testimony and recommendations of the court-appointed forensic expert and the child's guardian ad litem, and to the evidence that respondent deliberately and continuously interfered with the child's relationship with petitioner, including making a false accusation of child abuse, conduct clearly inconsistent with the child's best interests (see, Young v. Young, 212 A.D.2d 114, 115, citing Maloney v. Maloney, 208 A.D.2d 603, 603-604; David K. v. Iris K., 276 A.D.2d 421). We have considered respondent's other arguments, including that new evidence warrants a new trial, and find them to be without merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.