IN RE: Dayvon G. (2017)

Supreme Court, Appellate Division, First Department.

IN RE: Dayvon G., Petitioner–Appellant, Amber B., Respondent–Respondent.

2608

Decided: January 03, 2017

Friedman, J.P., Sweeny, Richter, Manzanet–Daniels, Kapnick, JJ.

Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), appellant. Aleza Ross, Patchogue, for respondent.

Kenneth M. Tuccillo, Hastings on Hudson, attorney for the child.

Order, Family Court, New York County (Marva A. Burnett, Referee), entered on or about June 5, 2015, which, in this custody matter, awarded sole legal and physical custody of the parties' child to respondent mother, and granted petitioner father visitation, unanimously affirmed, without costs.

The Referee's custody determination has a sound and substantial basis in the record. The Referee appropriately considered the best interests of the child in light of the totality of the circumstances (see Eschbach v. Eschbach, 56 N.Y.2d 167, 172–174 [1982]; Friedwitzer v. Friedwitzer, 55 N.Y.2d 89, 93–94 [1982] ), and the father has identified no grounds to disturb the determination (see Matter of Louise E.S. v. W. Stephen S., 64 N.Y.2d 946, 947 [1985]; Matter of Carl T. v. Yajaira A.C., 95 AD3d 640, 641 [1st Dept 2012] ).

CLERK

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