Opinion
June 10, 1998
Appeal from Order of Jefferson County Family Court, Schwerzmann, J. — Custody.
Present — Green, J. P., Lawton, Pigott, Jr., Callahan and Balio, JJ.
Order unanimously affirmed without costs. Memorandum: Family Court had the authority to grant petitioner father sole custody of the parties' child even though petitioner had voluntarily withdrawn his petition for such relief, respondent mother had cross-petitioned for sole custody and thus the issue was properly before the court ( see, CPLR 3017 [a]; Matter of Hermans v. Hermans, 74 N.Y.2d 876, 878). The court's award of sole custody to petitioner has a sound and substantial basis in the record ( see, Matter of Hilliard v. Peroni, 245 A.D.2d 1107).