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IN RE: Rodney J. THAYER, Petitioner-Respondent, v. Rosemary THAYER, Respondent-Appellant.
IN RE: Rosemary Thayer, Petitioner-Appellant, v. Rodney J. Thayer, Respondent-Respondent.
IN RE: Rodney J. Thayer, Petitioner-Respondent, v. Rosemary Thayer, Respondent-Appellant.
IN RE: Rosemary Thayer, Petitioner-Appellant, v. Rodney J. Thayer, Respondent-Respondent.
Respondent-petitioner mother appeals from an order granting the parties joint custody of their four children, with primary physical residence with petitioner-respondent father and visitation to the mother. Following a lengthy hearing, Family Court determined that the father would provide greater stability to the children and that it would be in their best interests to reside together with him. That determination, based in large part upon the court's firsthand assessment of the character and credibility of the parties, is entitled to great deference (see Matter of Thayer v. Ennis, 292 A.D.2d 824, 739 N.Y.S.2d 321). We decline to disturb that determination, inasmuch as it is supported by a sound and substantial basis in the record (see Matter of Krug v. Krug, 55 A.D.3d 1373, 865 N.Y.S.2d 450).
The mother failed to preserve for our review her contentions with respect to the tape recordings made by the father (see generally Matter of Graham v. Thering, 55 A.D.3d 1319, 865 N.Y.S.2d 799, lv. denied 11 N.Y.3d 714, 873 N.Y.S.2d 269, 901 N.E.2d 763). In any event, the record establishes that the tape recordings did not influence the court's determination, and thus any error with respect thereto is harmless (see generally id.; Matter of Mathieu v. Grosser, 5 A.D.3d 1069, 773 N.Y.S.2d 673).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
MEMORANDUM:
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Decided: November 13, 2009
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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