BIELLI v. BIELLI

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

Barbara A. BIELLI, Plaintiff-Respondent, v. Girard BIELLI, Defendant-Appellant.

Decided: March 27, 2009

PRESENT:  HURLBUTT, J.P., MARTOCHE, CENTRA, PERADOTTO, AND GORSKI, JJ. Leigh E. Anderson, Buffalo, for Defendant-Appellant. Barbara A. Kilbridge, Buffalo, for Plaintiff-Respondent. Pamela Thibodeau, Law Guardian, Snyder, for Daniel B. and Alexandra B.

 Supreme Court properly granted the parties joint custody of their children, with primary physical residence with plaintiff mother.   The record supports the court's determination that the mother is better suited to nurture the children and to provide for their emotional support (see Matter of Angel M.S. v. Thomas J.S., 41 A.D.3d 1227, 837 N.Y.S.2d 468).   The father failed to preserve for our review his contention that the court should have conducted an in-camera interview of the children (see Matter of Nielsen v. Nielsen, 225 A.D.2d 1050, 639 N.Y.S.2d 220, lv. denied 88 N.Y.2d 805, 646 N.Y.S.2d 985, 670 N.E.2d 226) and, in any event, that contention is without merit.   An in-camera interview is not warranted where, as here, a court has before it sufficient information to determine the wishes of the children (see generally Matter of Lincoln v. Lincoln, 24 N.Y.2d 270, 272, 299 N.Y.S.2d 842, 247 N.E.2d 659).   Finally, in the absence of a cross appeal by the mother, the propriety of the court's denial of her request for, inter alia, attorney's fees and printing costs for the defense of the appeal is not properly before us.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

MEMORANDUM: