Majority
In a proceeding pursuant to
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The record overwhelmingly supports the Family Court’s determination, which is based upon the court’s assessment of the totality of the circumstances and all of the relevant factors, including the prior custodial arrangement, that the best interests of the children are served by awarding custody to the father (see, Eschbach v Eschbach, 56 NY2d 167 ; Friederwitzer v Friederwitzer, 55 NY2d 89 ; Matter of Nehra v Uhlar, 43 NY2d 242 ; Matter of Irene O., 38 NY2d 776 , 777). Rosenblatt, J. P., Altman, Hart and Friedmann, JJ., concur.
Cases cited
- Eschbach v. Eschbach 56 NY2d 167 p. 651
- Friederwitzer v. Friederwitzer 55 NY2d 89 p. 651
- Nehra v. Uhlar 43 NY2d 242 p. 651
- In re Irene O. 38 NY2d 776 at 777 p. 651