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IN THE MATTER OF DEBBIE LYNCH, APPELLANT, v. RUSSELL ACEY, RESPONDENT.

DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

It is well settled that the most important factor in adjudicating custody rights is the best interests of the child (see, Domestic Relations Law § 70; Eschbach v. Eschbach, 56 N.Y.2d 167, 171; Vecchiarelli v. Vecchiarelli, 238 A.D.2d 411; Matter of Lazier v. Gentes, 259 A.D.2d 618). "The general rule is that custody determinations are ordinarily a matter of discretion for the hearing court * * * and its determination will not be set aside or modified unless it lacks a sound and substantial basis" (Vecchiarelli v. Vecchiarelli, supra, at 412). Contrary to the mother's contention, the award of custody to the father has a sound and substantial basis in the record, and will not be disturbed.

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MATTER OF LYNCH v. ACEY
(Mar 12, 2001)