Saperston v. Holdaway

Centra and Martoche, JJ.

(dissenting). We respectfully dissent. “An award of custody is a matter that rests within the sound discretion of the hearing court” (Matter of Donald C.O. v Carolyn D.V.B., 224 AD2d 930, 930 [1996]). Because “Family Court’s determination in a custody dispute is based upon a first-hand assessment of the parties, as well as their credibility, character and temperament, and the [court’s] determinations are to be accorded great weight on appeal, such a determination should not be disturbed unless it lacks a sound and substantial basis in the record” (Matter of Demeter v…