IN RE: RICARDO SUAREZ AND LAURA (2015)

MEMORANDUM AND ORDER

PATRICK J. HABER, ATTORNEY FOR THE CHILD, SYRACUSE.

Now, upon remittitur from the Court of Appeals,

It is hereby ORDERED that, upon remittitur from the Court of Appeals, the order so appealed from is unanimously affirmed without costs.

Memorandum:  Respondent mother appeals from an order that, inter alia, awarded joint legal custody of her child to petitioner grandparents and respondent father.  We previously held that the grandparents failed to establish extraordinary circumstances to deprive the mother of custody of the child, but the Court of Appeals reversed our order and held that they had made such a showing (Matter of Suarez v. Williams, 128 AD3d 20, revd _ NY3d _ [Dec. 16, 2015] ).  The Court remitted the matter to us to consider issues raised but not reached by us on the appeal.  We now affirm.

Contrary to the mother's contention, Family Court's determination that it was in the child's best interests to remain in the primary physical custody of the grandparents is supported by a sound and substantial basis in the record, and we will not disturb it (see Matter of Misty D.B. v. David M.S., 38 AD3d 1317, 1317).  We have considered the mother's remaining contentions and conclude that they lack merit.

Frances E. Cafarell

Clerk of the Court