FREIHOFNER v. FREIHOFNER (2006)

In an action for a divorce and ancillary relief, the plaintiff appeals from an order of the Supreme Court, Westchester County (Montagnino, Ct. Atty. Ref.), dated February 8, 2005, which, upon a decision of the same court dated December 6, 2004, made after a hearing, inter alia, awarded residential custody of the parties' youngest child to the defendant.

ORDERED that the order is affirmed, with costs.

The hearing court's determination to award the defendant residential custody of the parties' youngest child, keeping him in the same household with one of his older brothers, has a sound and substantial basis in the record (see Neuman v. Neuman, 19 A.D.3d 383, 383-384, 796 N.Y.S.2d 403;  Janecka v. Franklin, 150 A.D.2d 755, 756, 542 N.Y.S.2d 206;  Keating v. Keating, 147 A.D.2d 675, 677, 538 N.Y.S.2d 286), and is in best interests of the youngest child (see Eschbach v. Eschbach, 56 N.Y.2d 167, 171, 451 N.Y.S.2d 658, 436 N.E.2d 1260).

The plaintiff's remaining contentions have either been rendered academic in light of our determination, or are without merit.