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

Craig J. SORCE, Plaintiff-Respondent, v. Karen A. SORCE, Defendant-Appellant.

Decided: March 18, 2005

PRESENT:  PIGOTT, JR., P.J., GREEN, GORSKI, SMITH, AND LAWTON, JJ. Sharon Kelly Sayers, Rochester, for Defendant-Appellant. Joan de R. O'Byrne, Rochester, for Plaintiff-Respondent. Joseph G. Nesser, Law Guardian, Rochester, for Matthew S. and Robert S.

 Supreme Court did not err in awarding plaintiff sole custody of the parties' minor children with liberal visitation to defendant.   “A custody determination by the trial court must be accorded great deference and should not be disturbed where, as here, it is supported by a sound and substantial basis in the record” (Matter of Green v. Mitchell, 266 A.D.2d 884, 884, 697 N.Y.S.2d 899 [citations omitted] ).   The court erred, however, in denying counsel fees on this record (see Price v. Price, 113 A.D.2d 299, 309, 496 N.Y.S.2d 455, affd. 69 N.Y.2d 8, 511 N.Y.S.2d 219, 503 N.E.2d 684).   We therefore modify the order by vacating the last ordering paragraph, and we remit the matter to Supreme Court for a hearing on counsel fees.

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously modified on the law by vacating the last ordering paragraph and as modified the order is affirmed without costs, and the matter is remitted to Supreme Court, Monroe County, for further proceedings.


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