S.L. v. J.R.

In an action for a divorce and ancillary relief, the plaintiff appeals, by permission, from an order of the Supreme Court, Westchester County (Capeci, J.), entered October 10, 2013, which, without a hearing, granted the defendant’s motion for sole legal and physical custody of the parties’ two children.

Ordered that the order is affirmed, with costs.

An award of custody must be based upon the best interests of the child, and neither parent has a prima facie right to custody of the child (see Domestic Relations Law § 70; Friederwitzer v Friederwitzer, 55 NY2d 89, 93 [1982]; Matter of Zaratzian v…