Fruehwirth v. Fruehwirth

While the determination of the nisi prius court in a custody proceeding is entitled to great respect (e.g., Freiman v Freiman, 99 AD2d 765; Eschbach v Eschbach, 56 NY2d 167), an appellate court must be able, upon a review of the entire record, to ascertain that the custody determination has a “sound and substantial basis in the record” (Matter of Gloria S. v Richard B., 80 AD2d 72, 76; Freiman v Freiman, supra). The record before us is inadequate to enable us to make a determination as to what disposition is in the best interests of the children.

The record seems to indicate that the Family…