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In the Matter of THEODORE SCHERIFF, Appellant, v. OONAGH SCHERIFF, Respondent.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Family Court properly determined that, in light of the totality of the circumstances, the best interests of the parties' child were served by awarding custody to the mother (see, Eschbach v Eschbach, 56 N.Y.2d 167, 171; Matter of Scalia v Scalia, 217 A.D.2d 780; Fanelli v Fanelli, 215 A.D.2d 718; Young v Young, 212 A.D.2d 114).

Determinations regarding the credibility of witnesses are entitled to great weight (see, Matter of Karen BB., 216 A.D.2d 754; Matter of Scalia v Scalia, supra; Matter of Canazon v Canazon, 215 A.D.2d 652; Fanelli v Fanelli, supra). In this case, the Family Court properly credited the testimony which supported the finding that the mother intended to return from Ireland with the child and that the father always knew they were in Ireland. Moreover, in light of the corroborative evidence embodied in a letter written by the father, which tended to demonstrate that his first ex-wife's initial testimony was exaggerated, the Family Court properly credited the later testimony of the first ex-wife which recanted her initial testimony regarding the father's fitness as a custodial parent (see, Matter of Karen BB., supra). The Family Court also was correct in crediting the testimony of the father's second ex-wife regarding his fitness as a custodial parent.

The Family Court did not improvidently exercise its discretion when it refused to permit the father to present rebuttal witnesses. The proposed testimony was concededly redundant in part and, in any event, could have been presented in the father's direct case (see, Gobbelet v Hit Cycle Corp., 121 A.D.2d 682, 683; Fisch, New York Evidence § 326, at 211 [2d ed]). Balletta, J.P., Ritter, Copertino and Friedmann, JJ., concur.

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MATTER OF SCHERIFF v. SCHERIFF
(Nov 13, 1995)