| Matter of Deibi E. v Sibelis Michelle D-P. |
| 2021 NY Slip Op 00524 [191 AD3d 406] |
| February 2, 2021 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Deibi E., Appellant, v Sibelis Michelle D-P., Respondent. |
Steven N. Feinman, White Plains, for appellant.
Leslie S. Lowenstein, Woodmere, for respondent.
Order, Family Court, Bronx County (Jennifer S. Burtt, Ref.), entered on or about February 7, 2020, which, after a hearing, awarded respondent mother sole legal and physical custody of the subject child, with liberal visitation to petitioner father, and after consulting with petitioner, sole authority to make all decisions regarding the child's education, medical and therapeutic care, and religion, unanimously affirmed, without costs.
The lack of cooperation between the parties, coupled with the father's disinterest in being actively involved in major decisions affecting the child's education and medical care, especially in light of the child's special needs, instead deferring to the mother to make such decisions, support the Referee's determination that granting the mother sole legal custody was in the child's best interest (see e.g. Matter of Jamel W. v Stacey J., 136 AD3d 552 [1st Dept 2016]; see also e.g. Matter of Dean W. v Karina McK., 121 AD3d 440, 441 [1st Dept 2014]). Concur—Renwick, J.P., Webber, González, Scarpulla, JJ.