Matter of Gregory D. v. Athena Q.

Order, Family Court, New York County (Susan M. Doherty, Ref.), entered on or about February 25, 2016, which, after a hearing, granted the father’s petition for modification of a custody order and awarded him sole custody of the parties’ three children, unanimously reversed, on the law and the facts, without costs, the petition denied, and sole custody awarded to respondent mother.

The Referee’s determination awarding custody to petitioner father lacked a sound and substantial basis in the record (see Eschbach v Eschbach, 56 NY2d 167 [1982]) since the mother has been the children’s primary…