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NORMAN JOHN, Respondent, v. VIVIAN JOHN, Appellant.

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

The Supreme Court properly determined that, while the defendant is a competent parent, the best interests of the parties' children are served by permitting them to remain with the plaintiff (see, Matter of Ebert v Ebert, 38 N.Y.2d 700, 704; see also, Obey v Degling, 37 N.Y.2d 768, 771; Mitzner v Mitzner, 209 A.D.2d 487). Since the determination of the Supreme Court awarding the plaintiff custody of the children and limiting the visitation of the defendant is fully supported by a sound and substantial basis in the record, it shall not be disturbed on appeal (see, Eschbach v Eschbach, 56 N.Y.2d 167, 173; see also, Alanna M. v Duncan M., 204 A.D.2d 409; Kuncman v Kuncman, 188 A.D.2d 517). Copertino, J.P., Pizzuto, Joy and Friedmann, JJ., concur.

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JOHN v. JOHN
(Apr 3, 1995)