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IN RE OUSMANE D., pet-ap, v. HALIMATOU B., res-res

4020. IN RE OUSMANE D., pet-ap, v. HALIMATOU B., res-res — Tennille M. Tatum-Evans, New York, for ap — Leslie S. Lowenstein, Woodmere, for res — Order, Family Court, Bronx County (John J. Kelley, J.), entered on or about August 26, 2015, which, among other things, denied petitioner father's petition for sole legal and physical custody of the parties' minor child, and granted respondent mother's cross petition for custody and relocation, with parenting time to the father, unanimously affirmed, without costs.

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4020. IN RE OUSMANE D., pet-ap, v. HALIMATOU B., res-res — Tennille M. Tatum-Evans, New York, for ap — Leslie S. Lowenstein, Woodmere, for res — Order, Family Court, Bronx County (John J. Kelley, J.), entered on or about August 26, 2015, which, among other things, denied petitioner father’s petition for sole legal and physical custody of the parties’ minor child, and granted respondent mother’s cross petition for custody and relocation, with parenting time to the father, unanimously affirmed, without costs.

Family Court’s determination that the child’s best interests would be served by awarding sole legal and physical custody of the child to the mother and allowing the mother to relocate with the child to the Gambia has a sound and substantial basis in the record (Eschbach v. Eschbach, 56 NY2d 167 [1982] [custody]; Matter of Tropea v. Tropea, 87 NY2d 727, 740-741 [1996] [relocation]; see Matter of David J.B. v. Monique H., 52 AD3d 414, 415 [1st Dept 2008]; see also Matter of Alaire K.G. v. Anthony P.G., 86 AD3d 216, 219 [1st Dept 2011]). Where, as here, Family Court had the benefit of a full evidentiary hearing, and its determination rests largely on the witnesses’ demeanor and the credibility of their testimony, “its findings must be accorded the greatest respect” (Matter of Elissa A. v. Samuel B., 123 AD3d 638, 639 [1st Dept 2014] [internal quotation marks omitted]).

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