MATTER OF MAUTE v. MAUTE

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

Contrary to the assertions of both the father and the Law Guardian, upon our review of the record, we find that the award of custody to the mother by the Family Court is not against the weight of the evidence (cf., Matter of Gloria S. v Richard B., 80 A.D.2d 72, 76). Under the circumstances of this case, the court's determination comports with the best interests of the child (see, Eschbach v Eschbach, 56 N.Y.2d 167, 171; Domestic Relations Law § 70; Friederwitzer v Friederwitzer, 55 N.Y.2d 89, 93; Domestic Relations Law § 240). Mangano, P.J., Sullivan, O'Brien and Ritter, JJ., concur.