IN RE ARRLIS CARMEN

The best interests of a child, which is the foremost consideration in matters of custody and visitation, is within the discretion of the hearing court whose determination will not be set aside unless it lacks a sound and substantial evidentiary basis ( Corsell v Cornell, 101 AD2d 766, 767). There is an evidentiary basis here for the court's finding that unsupervised visitation would have a negative impact on the child's well-being ( see Matter of Frank M. v Donna W., 44 AD3d 495). Respondent refused an offer of supervised visitation. Under these circumstances, the court providently exercised its discretion in suspending his visitation.