IN RE: Alena RAYMOND (2019)

DECISION & ORDER

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

In 2011, after the parties separated, the mother filed a petition seeking sole custody of the parties' only child, who resided with her.  The father initially was awarded parental access every weekend.  He subsequently filed a petition seeking increased parental access.  After a hearing, the Family Court granted the mother's petition and denied the father's petition.  The father appeals, contending that the Family Court should have granted his request for a copy of a forensic report prepared by a court-appointed forensic evaluator, and that the court erred in admitting the forensic report into evidence.

The Family Court did not improvidently exercise its discretion in denying the request of the father, who proceeded pro se, for a copy of the forensic report prepared by the court-appointed forensic evaluator.  The court provided the father with liberal access to the report over an extended period of time during which he could review the report upon request and take notes with regard to its contents (see Matter of Isidro A.-M. v. Mirta A., 74 A.D.3d 673, 902 N.Y.S.2d 362; Matter of Morrissey v. Morrissey, 225 A.D.2d 779, 639 N.Y.S.2d 953; Matter of Scuderi–Forzano v. Forzano, 213 A.D.2d 652, 624 N.Y.S.2d 942).  The father has failed to show that his ability to prepare for the hearing was prejudiced by his not having his own physical copy of the report.

We also agree with the Family Court's determination to admit the forensic report into evidence.  The parties received access to the report well in advance of the scheduled hearing, the forensic evaluator testified and was cross-examined by the parties at the hearing, the parties had the opportunity to rebut the forensic evaluator's findings, and the conclusions in the report were based primarily on the forensic evaluator's firsthand interviews rather than on hearsay statements made by nontestifying declarants (see Straus v. Strauss, 136 A.D.3d 419, 24 N.Y.S.3d 76).  Moreover, the court's determination to grant the mother sole custody and to deny the father's request for additional access was supported by ample evidence apart from the forensic report, which was one, but not the only or the controlling, factor in the court's decision.

MASTRO, J.P., MALTESE, CONNOLLY and IANNACCI, JJ., concur.