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IN RE DAWN MILANO

Appellate Division of the Supreme Court of New York, Second Department.
Mar 29, 2011
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Ordered that the order is affirmed, with costs.

"In order to modify an existing custody or visitation arrangement, there must be a showing that there has been a change in circumstances such that modification is required to protect the best interests of the child" ( Matter of Arduino v Ayuso, 70 AD3d 682, 682; see Matter of Quinones v Ibarrondo, 67 AD3d 686, 686). "The court's determination [with respect to custody and visitation] depends to a great extent upon its assessment of the credibility of the witnesses and upon the character, temperament, and sincerity of the parents" ( Matter of Blanco v Corbett, 8 AD3d 374, 374). As such, the credibility findings of the hearing court are entitled to great weight and should not be disturbed unless they lack a sound and substantial basis in the record ( see Matter of Sinnott-Turner v Kolba, 60 AD3d 774, 775; Cashel v Cashel, 46 AD3d 501). Here, contrary to the mother's contention, the Family Court's determination had a sound and substantial basis in the record.

The mother's remaining contentions are without merit.