Finkelsteinv.Finkelstein

Appellate Division of the Supreme Court of New York, Second DepartmentDec 2, 1999
698 N.Y.S.2d 914 (N.Y. App. Div. 1999)

Argued October 26, 1999

December 2, 1999

In an action for a divorce and ancillary relief, the defendant husband appeals, as limited by his brief, from stated portions of a judgment of the Supreme Court, Kings County (Harkavy, J.), dated October 20, 1998, which, inter alia, granted sole custody of the parties' son to the plaintiff wife and directed him to pay certain child care expenses.

Stanley Cembalest, Cedarhurst, N.Y., for appellant.

Coffinas Lusthaus, P.C., Brooklyn, N.Y. (Maria Coffinas of counsel), for respondent.

Warren L. Millman, New York, N.Y., Law Guardian for the child.

DAVID S. RITTER, J.P., LEO F. McGINITY, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed insofar as appealed from, with costs.

The Supreme Court's determination that the award of sole custody of the parties' son to the wife was in the child's best interest has a sound and substantial basis in the record (see, Eschbach v. Eschbach, 56 N.Y.2d 167 ; Friederwitzer v. Friederwitzer, 55 N.Y.2d 89 ;Bliss v. Ach, 56 N.Y.2d 995 ).

The husband's remaining contentions are either unpreserved for appellate review or without merit.

RITTER, J.P., McGINITY, H. MILLER, and FEUERSTEIN, JJ., concur.