Lionetti v. Lionetti

In an action for a divorce and ancillary relief, the defendant appeals, by permission, from an order of the Supreme Court, Suffolk County (MacKenzie, J.), dated November 9, 2011, which, upon a decision of the same court dated October 19, 2011, made after a nonjury trial, inter alia, awarded sole custody of the subject child to the plaintiff.

Ordered that the order is affirmed, without costs or disbursements.

There is “no prima facie right to the custody of the child in either parent” (Domestic Relations Law §§ 70 [a]; 240 [1] [a]; see Friederwitzer v Friederwitzer, 55 NY2d 89, 93 [1982]; Matter…