Matter of Gary C. B. v Sandra I. M.

Matter of Gary C.B. v Sandra I.M. 2009 NY Slip Op 06363 [65 AD3d 861] September 1, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, November 4, 2009

In the Matter of Gary C.B., Respondent,
v
Sandra I.M., Appellant.

—[*1] Anna Stern, New York, for appellant.

David L. Martin, Mineola, for respondent.

Order, Family Court, New York County (Elizabeth Barnett, Ref.), entered on or about August 20, 2008, which, to the extent appealed from as limited by the briefs, granted petitioner father custody of the subject child and awarded visitation to respondent mother, unanimously affirmed, without costs.

The referee's conclusion that the award of custody to the father with liberal visitation to the mother was in the best interests of the child has a sound and substantial basis in the record (see Matter of Osbourne S. v Regina S., 55 AD3d 465 [2008]; Matter of Brass v Otero, 40 AD3d 752 [2007]). The referee appropriately evaluated these best interests under the totality of the circumstances (see Friederwitzer v Friederwitzer, 55 NY2d 89, 94-96 [1982]). Concur—Tom, J.P., Friedman, Catterson, Moskowitz and Renwick, JJ.