Wendy Q. v. Richard Q.
Opinion of the Court
Appeal from an order of the Family Court of Clinton County (Lawliss, J.), entered June 7, 2005, which, inter alia, partially dismissed respondent’s cross application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of visitation.
The determination of Family Court, which observed and heard the witnesses’ testimony, is entitled to great deference and will not be disturbed unless it lacks a sound and substantial basis in the record (see e.g. Matter of Vickery v Vickery, 28 AD3d 833, 834 [2006]; Matter of Engwer v Engwer, 307 AD2d 504, 505 [2003]; Matter of Pearson v Parks, 306 AD2d 580, 581 [2003]). Here, the parties’ testimony was sufficient to support Family Court’s determination that a change in circumstances warranted the slight modification in the father’s visitation schedule and that such modification was in the best interests of the children (see Matter of Engwer v Engwer, supra).
We have considered the parties’ remaining contentions, including the argument that the instant appeal is moot, and are unpersuaded.
Mercure, J.P, Crew III, Peters and Spain, JJ., concur. Ordered that the order is affirmed, without costs.
The schedule change resulted in a net loss of two hours of visitation per week.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.