MISTY v. DAVID (2007)

 “A custody determination by the trial court must be accorded great deference (see, Eschbach v. Eschbach, 56 N.Y.2d 167, 173-174, 451 N.Y.S.2d 658, 436 N.E.2d 1260) and should not be disturbed where ․ it is supported by a sound and substantial basis in the record” (Matter of Green v. Mitchell, 266 A.D.2d 884, 697 N.Y.S.2d 899).   Here, Family Court's determination that the best interests of the child will be served by awarding primary physical custody to respondent is supported by a sound and substantial basis in the record.   Contrary to the contention of petitioner, the fact that she had primary physical custody of the child for five years prior to her relocation to Florida “is not entitled to the same weight to which it would have been entitled had the child remained with petitioner” (Matter of Coryea v. Allen, 262 A.D.2d 1023, 1024-1025, 691 N.Y.S.2d 829, lv. denied 94 N.Y.2d 751, 700 N.Y.S.2d 425, 722 N.E.2d 505;  see Matter of Johnston v. Bridenbecker, 300 A.D.2d 1062, 1063, 752 N.Y.S.2d 496).

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

MEMORANDUM: