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In the Matter of TIMOTHY BROWN, Appellant, v. DEBORAH DILONE, Respondent.

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

It is well settled that in adjudicating custody and visitation rights, the paramount concern is the best interest of the child (see, Eschbach v. Eschbach, 56 N.Y.2d 167, 171; Friederwitzer v. Friederwitzer, 55 N.Y.2d 89, 95; Vecchiarelli v. Vecchiarelli, 238 A.D.2d 411). The court must look at the totality of circumstances (see, Friederwitzer v. Friederwitzer, supra, at 94-95). Factors to be considered are the quality of the home environment, the quality of the parental guidance, and the ability to provide for the child's emotional and intellectual development (see, Eschbach v. Eschbach, supra, at 172). Custody matters are ordinarily within the sound discretion of the hearing court and its findings are entitled to the greatest respect unless they lack a sound and substantial basis in the record (see, Vecchiarelli v. Vecchiarelli, supra; Young v. Young, 212 A.D.2d 114, 117; Maloney v. Maloney, 208 A.D.2d 603; DeJesus v. DeJesus, 208 A.D.2d 587).

There is no basis to disturb the Family Court's determination, as it is fully supported by the testimony and forensic evaluations adduced at the hearing.

The appellant's remaining contentions are without merit.

O'Brien, J. P., Joy, Krausman and Luciano, JJ., concur.

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MATTER OF BROWN, v. DILONE
(Feb 22, 1999)