Opinion
June 16, 2000.
Appeal from Order of Niagara County Family Court, DiFlorio, J.H.O. — Custody.
PRESENT: GREEN, J.P., WISNER, KEHOE AND LAWTON, JJ.
Order unanimously affirmed without costs. Memorandum: Family Court did not abuse its discretion in awarding custody of the child to respondent mother. Contrary to petitioner's contention, the court properly weighed the appropriate factors affecting the best interests of the child ( see, Eschbach v. Eschbach, 56 N.Y.2d 167, 171-174). The court was "in the best position to evaluate the character and credibility of the witnesses" ( Matter of Paul C. v. Tracy C., 209 A.D.2d 955, 956). "Its determination has a sound and substantial basis in the record and should not be disturbed" ( Matter of Bronson v. Bronson, 254 A.D.2d 737).