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IN THE MATTER OF CLAUDE W. THOMAS, respondent, v. FELISHA MERRILL, appellant. (Proceeding No. 1) IN THE MATTER OF FELISHA MERRILL, appellant,

DECISION ORDER

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

We find no basis to disturb the Family Court's award of custody of the parties' child to the father. It is well settled that in adjudicating custody and visitation rights the most important factor to be considered is the best interests of the child (see Friederwitzer v. Friederwitzer, 55 N.Y.2d 89). Moreover, the court's determination depends to a great extent upon its assessment of the credibility of the witnesses and the character, temperament, and sincerity of the parents. Therefore, the findings of the trial court must be treated with great respect unless they lack a sound and substantial basis in the record (see Matter of Gago v. Acevedo, 214 A.D.2d 565; see also Eschbach v. Eschbach, 56 N.Y.2d 167, 173-174; Amari v. Molloy, 293 A.D.2d 491 [2d Dept, Apr. 1, 2002]; Matter of Winslow v. Lott, 272 A.D.2d 406).

The mother's remaining contentions are without merit.

GOLDSTEIN, J.P., McGINITY, ADAMS and TOWNES, JJ., concur.

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IN THE MATTER OF THOMAS v. MERRILL
(Jul 1, 2002)