Opinion
September 16, 1993
Appeal from the Supreme Court, New York County (Elliott Wilk, J.).
We agree with the IAS Court that an award of sole custody to plaintiff is in the best interests of the child. Plaintiff has been the child's primary caretaker since birth, and there is no evidence to demonstrate that plaintiff is in any way unfit to properly care for the child. Further, a change in custody would separate the child from her new half-brother (see, Fox v Fox, 177 A.D.2d 209, 210-211). As for child support, defendant's monthly support obligation was properly calculated pursuant to the Child Support Standards Act (Domestic Relations Law § 240 [1-b]), and there are no special circumstances to warrant a modification of the award.
We have considered defendant's other arguments and find them to be without merit.
Concur — Rosenberger, J.P., Wallach, Asch and Rubin, JJ.