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IN RE: Tina M. KRUG, Petitioner-Appellant, v. Joseph F. KRUG, Respondent-Respondent.
Petitioner mother appeals from an order granting the parties joint custody of their two children, with primary physical residence with the mother and unsupervised visitation to respondent father. Family Court determined, following a lengthy hearing, that both parents were fit and responsible. Contrary to the mother's contention, the court did not abuse its discretion in awarding the father unsupervised visitation with the children. Generally, a “ ‘court's determination regarding custody and visitation issues, based upon a first-hand assessment of the credibility of the witnesses after an evidentiary hearing, is entitled to great weight and will not be set aside unless it lacks an evidentiary basis in the record’ ” (Matter of Hill v. Rogers, 213 A.D.2d 1079, 1079, 625 N.Y.S.2d 991; see Matter of Bryan K.B. v. Destiny S.B., 43 A.D.3d 1448, 1449, 844 N.Y.S.2d 535; Matter of Vincent A.B. v. Karen T., 30 A.D.3d 1100, 1101-1102, 816 N.Y.S.2d 637, lv. denied 7 N.Y.3d 711, 823 N.Y.S.2d 770, 857 N.E.2d 65). We see no basis to disturb the court's determination inasmuch as it was based on the court's credibility assessments of the witnesses and “is supported by a sound and substantial basis in the record” (Matter of Angel M.S. v. Thomas J.S., 41 A.D.3d 1227, 1228, 837 N.Y.S.2d 468).
The remaining contention of the mother concerns a final order in a related proceeding from which she failed to take an appeal and thus is not properly before us (see Vigliotti v. State of New York, 24 A.D.3d 1217, 805 N.Y.S.2d 919; see generally CPLR 5501, 5513, 5515; Hecht v. City of New York, 60 N.Y.2d 57, 61, 467 N.Y.S.2d 187, 454 N.E.2d 527).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
MEMORANDUM:
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Decided: October 03, 2008
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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