Matter Theodore Krebsbach v. Nancy Gallagher

We recognize at the outset the general rule that custody determinations are ordinarily a matter of discretion for the hearing court (see, Gage v Gage, 167 A.D.2d 332). However, while the hearing courts determination, based as it is upon a firsthand assessment of the parties, their credibility, their character, and temperaments, should be accorded great deference on appeal (see, Matter of Louise E. S. v W. Stephen S., 64 N.Y.2d 946; Eschbach v Eschbach, 56 N.Y.2d 167; Skolnick v Skolnick, 142 A.D.2d 570), the authority of this court is as broad as that of the hearing court (Matter of Louise E. S. v W. Stephen S., supra; Leistner v Leistner, 137 A.D.2d 499), and we would be seriously remiss if, simply in deference to the findings of the hearing Judge, we allowed a custody determination to stand where, as here, it lacks a sound and substantial basis in the record (Matter of Gloria S. v Richard B., 80 A.D.2d 72, 76; see also, Skolnick v Skolnick, supra).