IN RE: Cristofer Spooner Boyke (2010)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: Cristofer Spooner Boyke, appellant, v. Analeah Charles, respondent. (Proceeding No. 1) In the Matter of Analeah Charles, respondent, v Cristofer Spooner Boyke, appellant. (Proceeding No. 2)

2009-10725 (Docket Nos. V-7707-07, V-10241-07)

Decided: October 26, 2010

WILLIAM F. MASTRO, J.P. JOHN M. LEVENTHAL L. PRISCILLA HALL PLUMMER E. LOTT, JJ.

Dawn M. Shammas, Harrison, N.Y., for appellant. Robin Stone Einbinder, Jamaica, N.Y., for respondent. Stewart Altman, Mineola, N.Y., attorney for the child.

Submitted-October 8, 2010

DECISION & ORDER

In related custody proceedings pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Queens County (O'Connor, J.), dated October 8, 2009, which, after a hearing, awarded sole custody of the subject child to the mother.

ORDERED that the order is affirmed, without costs or disbursements.

Contrary to the father's contentions, the Family Court's determination that the best interests of the child would be served by an award of sole custody to the mother was supported by a sound and substantial basis in the record and should not be disturbed (see Eschbach v. Eschbach, 56 N.Y.2d 167; Matter of Garcia v. Becerra, 68 AD3d 864).

The father's remaining contentions are without merit.

MASTRO, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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