Opinion
September 29, 1995
Appeal from the Erie County Family Court, Dillon, J.
Present — Denman, P.J., Lawton, Fallon, Balio and Boehm, JJ.
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum:
Family Court's determination that it is in the best interests of the child to reside primarily with petitioner has a substantial basis in the record (see, Matter of Gloria S. v Richard B., 80 A.D.2d 72, 76). Because Family Court is "in the most advantageous position to evaluate the testimony, character, and sincerity of the parties" (DeJesus v DeJesus, 208 A.D.2d 587, 588; see, Eschbach v Eschbach, 56 N.Y.2d 167), its findings are entitled to the greatest respect (see, Matter of Irene O., 38 N.Y.2d 776, 777). Petitioner concedes that the court's order does not conform to the decision, which changed the primary residence of the child but did not alter the joint custody arrangement. We modify the order on appeal, therefore, to conform to the decision (see, CPLR 5019 [a]; Matter of Calm Lake Dev. v Town Bd., 213 A.D.2d 979) by providing in the first decretal paragraph that joint custody continue and by providing that petitioner is the residential parent.