| Matter of Ricardo S. v Carron C. |
| 2012 NY Slip Op 00463 [91 AD3d 556] |
| January 26, 2012 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Ricardo S., Respondent, v Carron C., Appellant. |
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Virginia Geiss, Brooklyn, for respondent.
Karen Freedman, Lawyers for Children, Inc., New York (Hal Silverman of counsel), attorney
for the child.
Order, Family Court, New York County (Diane Costanzo, Ref.), entered on or about February 4, 2011, which, inter alia, awarded petitioner father custody of the subject child with liberal visitation to respondent mother, unanimously affirmed, without costs.
A sound and substantial basis in the record supports the determination that it is in the child's best interests to remain in the custody of his father (see Lubit v Lubit, 65 AD3d 954, 955 [2009], lv denied 13 NY3d 716 [2010], cert denied 560 US —, 130 S Ct 3362 [2010]). The court reached this determination after a full evidentiary hearing at which it had the opportunity to hear the testimony of the witnesses, including both parents, and interview the child in camera (see Eschbach v Eschbach, 56 NY2d 167, 171-172 [1982]; Matter of Nelissa O. v Danny C., 70 AD3d 572 [2010]).
The record indicates that the child has thrived in his father's custody, is healthy, receives regular medical care, continues to be a successful participant in his school's gifted and talented program, and has extensive and important bonds with his paternal relatives in New York. Moreover, although the child loves both of his parents and refuses to be forced to choose between them, the court did conclude, based upon its in camera interview, that the child would prefer to remain in New York, with extensive visitation with his mother in Jamaica. While not dispositive, the child's preference is significant, and the court's order supports what it found to [*2]be the child's preferred living arrangement (see e.g. Eschbach, 56 NY2d at 173).
We have considered the mother's remaining arguments and find them unavailing. Concur—Mazzarelli, J.P., Saxe, Catterson, Acosta and RomÁn, JJ.