Opinion
2012-07-11
In the Matter of Glen DAVIS, appellant, v. Lisa PIGNATARO, respondent. (Proceeding No. 1). In the Matter of Lisa Pignataro, respondent, v. Glen Davis, appellant. (Proceeding No. 2).
William A. Sheeckutz, Massapequa, N.Y., for appellant. Ruskin Moscou Faltischek, P.C., Uniondale, N.Y. (Matthew F. Didora of counsel), for respondent.
William A. Sheeckutz, Massapequa, N.Y., for appellant. Ruskin Moscou Faltischek, P.C., Uniondale, N.Y. (Matthew F. Didora of counsel), for respondent.
Janis A. Parazzelli, Floral Park, N.Y., attorney for the child.
REINALDO E. RIVERA, J.P., ANITA R. FLORIO, RANDALL T. ENG, and SHERI S. ROMAN, JJ.
In related child custody and visitation proceedings pursuant to Family Court Act article 6, the father appeals from an order of the Supreme Court, Nassau County (St. George, J.), dated May 12, 2011, which, after a hearing, denied his petitions, inter alia, to modify a custody and visitation order of the same court (Zimmerman, J.) dated February 19, 2010, and granted the mother's petition to modify the order dated February 19, 2010, so as to award the mother sole legal custody of the subject child and award him only supervised, therapeutic visitation until he completes a parenting workshop.
ORDERED that the order dated May 12, 2011, is affirmed, without costs or disbursements.
“ ‘In order to modify an existing custody or visitation arrangement, there must be a showing that there has been a change in circumstances such that modification is required to protect the best interests of the child’ ” (Matter of Peralta v. Irrizary, 76 A.D.3d 561, 562, 906 N.Y.S.2d 590, quoting Matter of Arduino v. Ayuso, 70 A.D.3d 682, 682, 892 N.Y.S.2d 885). “ ‘The best interests of the child are determined by a review of the totality of the circumstances' ” (Matter of Jackson v. Coleman, 94 A.D.3d 762, 763, 941 N.Y.S.2d 273, quoting Matter of Skeete v. Hamilton, 78 A.D.3d 1187, 1188, 911 N.Y.S.2d 667;see Matter of Solovay v. Solovay, 94 A.D.3d 898, 941 N.Y.S.2d 712,lv. denied––– N.Y.3d ––––, 2012 N.Y. Slip Op. 77488, 2012 WL 2429241 [2012] ). “Since any custody determination depends to a very great extent upon the hearing court's assessment of the credibility of the witnesses and of the character, temperament, and sincerity of the parties, its findings are generally accorded great respect and will not be disturbed unless they lack a sound and substantial basis in the record” (Matter of Chabotte v. Faella, 77 A.D.3d 749, 749–750, 908 N.Y.S.2d 607 [internal quotation marks omitted] ).
Here, contrary to the father's arguments, the Supreme Court properly considered the totality of the circumstances, and its determination was supported by a sound and substantial basis in the record. Thus, the court's determination will not be disturbed ( see Matter of Solovay v. Solovay, 94 A.D.3d 898, 941 N.Y.S.2d 712;Matter of Jackson v. Coleman, 94 A.D.3d 762, 941 N.Y.S.2d 273;Neuman v. Neuman, 19 A.D.3d 383, 384, 796 N.Y.S.2d 403;Maloney v. Maloney, 208 A.D.2d 603, 603, 617 N.Y.S.2d 190).
Moreover, there is no merit to the father's contention that the Supreme Court was unfairly biased against him. “The inquiry on appeal is limited to whether the judge's bias, if any, unjustly affected the result to the detriment of the complaining party” ( Schwartzberg v. Kingsbridge Hgts. Care Ctr., Inc., 28 A.D.3d 465, 466, 813 N.Y.S.2d 191;see State Div. of Human Rights v. Merchants Mut. Ins. Co., 59 A.D.2d 1054, 1056, 399 N.Y.S.2d 813). Here, the record contains no evidence of such bias ( see Hoey v. Rawlings, 51 A.D.3d 868, 869, 858 N.Y.S.2d 344;Lorenzo v. Mass, Inc., 31 A.D.3d 616, 617, 819 N.Y.S.2d 300).