IN RE: Shawn ADAMS (2009)

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from so much of an order of the Family Court, Westchester County (Duffy, J.), entered November 21, 2008, as, after a hearing, denied her petition to modify a prior custody order of the same court dated June 10, 2005, awarding the father sole legal and physical custody of the parties' child and awarding her certain visitation, as to award her sole legal and physical custody of the child.

ORDERED that the order entered November 21, 2008, is affirmed insofar as appealed from, without costs or disbursements.

 To modify an existing custody arrangement, there must be a showing of a change in circumstances such that modification is required to protect the best interests of the child (see Matter of Zeis v. Slater, 57 A.D.3d 793, 794, 870 N.Y.S.2d 387).   The best interests of the child are determined by a review of the totality of the circumstances (see Eschbach v. Eschbach, 56 N.Y.2d 167, 172, 451 N.Y.S.2d 658, 436 N.E.2d 1260).   Deference should be accorded the hearing court, which saw and heard the witnesses, and the hearing court's custody determination should not be set aside unless it lacks a sound and substantial basis in the record (see Matter of Zeis v. Slater, 57 A.D.3d at 794, 870 N.Y.S.2d 387).

 Here, the Family Court's determination that the mother failed to satisfy her burden of demonstrating a change of circumstances warranting a change of custody is supported by a sound and substantial basis in the record.   The mother “presented no evidence of parental alienation that would justify a change in physical custody” (Matter of Roelofsen v. Tiberie, 64 A.D.3d 603, 604, 883 N.Y.S.2d 543).   Accordingly, we decline to disturb the Family Court's determination (see Matter of Roelofsen v. Tiberie, 64 A.D.3d 603, 883 N.Y.S.2d 543;  see also Matter of Chase v. Matanda-Chase, 41 A.D.3d 475, 476, 837 N.Y.S.2d 319;  Matter of Bryant v. Nazario, 306 A.D.2d 529, 761 N.Y.S.2d 681).

The mother's remaining contentions are without merit.