IN RE FELICIA S. A., pet-ap, v. GARY C., res-res

4829. IN RE FELICIA S. A., pet-ap, v. GARY C., res-res — IN RE GARY C., pet-res, v. FELICIA S. A., res-res — Law Office of Dewette C. Aughtry, Brooklyn, for ap — Law Office of Ursula A. Gangemi, P.C., Brooklyn (Ursula A. Gangemi of counsel), for res — KAREN FREEDMAN, LAWYERS FOR CHILDREN, INC., NEW YORK (SHIRIM NOTHENBERG OF COUNSEL), ATTORNEY FOR CHILDREN.—Order, Family Court, New York County (Christopher W. Coffey, Referee), entered on or about June 6, 2016, which granted the petitions in part, and awarded joint legal and physical custody of the children to the parties, unanimously affirmed, without costs.

The record does not support the mother’s contention that there was a prior custody arrangement in place, and thus the court’s paramount consideration is the “ultimate best interest” of the children as opposed to whether there has been a change in circumstances (Friederwitzer v. Friederwitzer, 55 NY2d 89, 94 [1982]). The Family Court’s finding that it was in the children’s best interest to award joint legal and physical custody to the parties was amply supported.