IN RE: CHARLES M.O. (2008)

Petitioner father commenced this proceeding seeking sole custody and sole physical residence of the parties' child on the ground that respondent mother had made several false allegations that the father had sexually abused the child and had coached and coerced the child into supporting those false allegations.   We perceive no basis for disturbing Family Court's determination that a change in the existing custody arrangement is in the best interests of the child (see Matter of Guidice v. Burruano, 255 A.D.2d 911, 679 N.Y.S.2d 915;  Matter of Beyer v. Tranelli-Ashe, 195 A.D.2d 972, 600 N.Y.S.2d 598), and we thus conclude that the court properly granted the petition.   Although we agree with the mother that the court erred in admitting in evidence the results of the father's polygraph examination (see Matter of Stephanie B., 245 A.D.2d 1062, 1063, 667 N.Y.S.2d 174), we conclude that the error is harmless (see Matter of Daniel R. v. Noel R., 195 A.D.2d 704, 708, 600 N.Y.S.2d 314).   We reject the further contention of the mother that the court erred in admitting in evidence testimony concerning the circumstances surrounding the administration of her polygraph examination (see People v. Lucie, 49 A.D.3d 1253, 853 N.Y.S.2d 761;  see also People v. Sohn, 148 A.D.2d 553, 556, 539 N.Y.S.2d 29, lv. denied 74 N.Y.2d 747, 545 N.Y.S.2d 122, 543 N.E.2d 765).   The mother failed to preserve for our review her contention that the court erred in conducting the custody proceeding prior to conducting the neglect proceeding against her, as well as her contention that the court erred in permitting the Law Guardian to convey the child's hearsay statement to the court (see Matter of Tracy v. Tracy, 309 A.D.2d 1252, 1253, 765 N.Y.S.2d 548). Finally, we conclude that the court properly exercised its discretion in declining to conduct a Lincoln hearing (see Matter of Walker v. Tallman, 256 A.D.2d 1021, 1022, 683 N.Y.S.2d 329, lv. denied 93 N.Y.2d 804, 689 N.Y.S.2d 17, 711 N.E.2d 202;  Matter of Karpensky v. Karpensky, 235 A.D.2d 594, 596, 651 N.Y.S.2d 701).

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

MEMORANDUM: