IN RE: DAVID BUSSE (2017)

Supreme Court, Appellate Division, Fourth Department.

IN RE: DAVID BUSSE, PETITIONER–RESPONDENT, v. RUTH VANESSA TOLENTINO HUERTA, RESPONDENT–APPELLANT.

CAF 16–00124

Decided: April 28, 2017

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND SCUDDER, JJ.

TIMOTHY R. LOVALLO, BUFFALO, FOR RESPONDENT–APPELLANT. RANDY S. MARGULIS, WILLIAMSVILLE, FOR PETITIONER–RESPONDENT.

MEMORANDUM AND ORDER

ROSS S. GELBER, ATTORNEY FOR THE CHILD, WILLIAMSVILLE.

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

Memorandum: Respondent mother appeals from an order that granted petitioner father's petition seeking sole custody of the parties' child. We affirm. The determination of Family Court, following a hearing, that the best interests of the child would be served by an award of sole custody to the father is entitled to great deference (see Eschbach v. Eschbach, 56 N.Y.2d 167, 173), particularly where, as here, the determination is based in part upon the court's “ ‘superior ability to evaluate the character and credibility of the witnesses' “ with respect to, inter alia, allegations regarding domestic violence (Matter of Joyce S. v. Robert W.S., 142 AD3d 1343, 1344). Further, the record establishes that the court's determination “is the product of [its] ‘careful weighing of [the] appropriate factors' ․, and it has a sound and substantial basis in the record” (Matter of Thillman v. Mayer, 85 AD3d 1624, 1625; see Joyce S., 142 AD3d at 1344).

Frances E. Cafarell

Clerk of the Court

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