| Matter of Eddie S. v Sylvia S. |
| 2021 NY Slip Op 02770 [194 AD3d 435] |
| May 4, 2021 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Eddie S., Appellant, v Sylvia S., Respondent. |
Steven P. Forbes, Jamaica, for appellant.
Bruce A. Young, Brooklyn, for respondent.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), attorney for the children.
Order, Family Court, Bronx County (Aija M. Tingling, J.), entered on or about February 26, 2020, which, after a hearing, denied petitioner father's petition for modification of a prior custody agreement to grant him sole physical and legal custody of the subject children, unanimously affirmed, without costs.
A sound and substantial basis in the record supports the determination that it is in the children's best interests to remain in the custody of their mother (see Matter of Reven W. v Jenny Virginia D., 107 AD3d 445 [1st Dept 2013]). 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 separately interview the children in camera (see Eschbach v Eschbach, 56 NY2d 167, 171-172 [1982]; Matter of Nelissa O. v Danny C., 70 AD3d 572 [1st Dept 2010]).
We have considered the father's remaining contentions and find them unavailing. Concur—Gische, J.P., Mazzarelli, Oing, González, JJ. [Prior Case History: 66 Misc 3d 1227(A), 2020 NY Slip Op 50296(U).]