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In the Matter of CHERYL L.R. HILL, Respondent, v. CARL E. ROGERS, Appellant.

Order unanimously affirmed without costs. Memorandum: "The court's determination regarding custody and visitation issues, based upon a first-hand assessment of the credibility of the witnesses after an evidentiary hearing, is entitled to great weight and will not be set aside unless it lacks an evidentiary basis in the record (see, Paul G. v. Donna G., 175 A.D.2d 236, 237; D'Errico v. D'Errico, 158 A.D.2d 503, 504; Lenczycki v Lenczycki, 152 A.D.2d 621, 623)" (Matter of Samuel L.J. v. Sherry H., 206 A.D.2d 886, lv denied 84 N.Y.2d 810). The record supports Family Court's conclusion that modification of the long-standing custody arrangement is not warranted (see, Matter of Williams v Williams, 188 A.D.2d 906; Matter of Moore v. MacRae, 177 A.D.2d 1012) and that supervised visitation with the daughter is in the best interests of the child (see, Matter of Stasi v Penagos, 209 A.D.2d 423; Matter of Samuel L.J. v. Sherry, supra).

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MATTER OF HILL v. ROGERS
(Mar 17, 1995)