Matter of Monasterska v. Burns

Summary

The Appellate Division, Second Department, affirmed an order awarding the father sole legal and physical custody of the parties' child. The court held that the Family Court's best-interests determination had a sound and substantial basis in the record and declined to disturb it.

Holdings

1. The Family Court properly awarded the father sole legal and physical custody because the determination that the award was in the child's best interests had a sound and substantial basis in the record.
2. The mother's remaining contention was unpreserved for appellate review and, in any event, lacked merit.

Questions Presented

1. Whether the Family Court's award of sole legal and physical custody to the father was supported by the child's best interests and had a sound and substantial basis in the record.
2. Whether the mother's remaining appellate contention was preserved for review.

Disposition

affirmed