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In the Matter of VICTOR BONILLA, Appellant, v. ANA AMAYA, Respondent. (Proceeding No. 1.) In the Matter of ANA AMAYA, Respondent,

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

In adjudicating custody and visitation rights, the most important factor for the court to consider is the best interests of the child ( see Eschbach v Eschbach, 56 NY2d 167, 174; Allain v Allain, 35 AD3d 513). "Since the Family Court's custody determination is largely dependent upon an assessment of the credibility of the witnesses and upon the character, temperament, and sincerity of the parents, its determination should not be disturbed unless it lacks a sound and substantial basis in the record" ( Matter of Plaza v Plaza, 305 AD2d 607, 607; see Matter of Brass v Otero, 40 AD3d 752). Upon weighing the appropriate factors here, the Family Court determined that the best interests of the child would be served by awarding the mother custody. There is a sound and substantial basis in the record for this determination.

The father's remaining contentions are without merit.

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BONILLA v. AMAYA
(Jan 20, 2009)