In the Matter of SHAHAN ISLAM, Appellant, v SUSAN LEE, Respondent.
Appellate Division of the Supreme Court of New York, Second Department
[38 NYS3d 269]
Ordered that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509 [1984]); and it is further,
Ordered that the order dated September 29, 2015, is affirmed, without costs or disbursements.
An order of custody and visitation entered in May 2013
A party seeking modification of an existing custody or visitation order must demonstrate that a change in circumstances has made modification of the existing order necessary to protect the best interests of the child (see Matter of Williams v Norfleet, 140 AD3d 1078-1079 [2016]). In making a determination as to modification after a hearing, the Family Court must evaluate the credibility of the witnesses and the character and sincerity of all the parties involved (see Eschbach v Eschbach, 56 NY2d 167, 173 [1982]; Matter of Kortright v Bhoorasingh, 137 AD3d 1037, 1037-1038 [2016]). Here, the Family Court’s findings have a sound and substantial basis in the record, and we decline to disturb its determination that the father failed to demonstrate that a change in circumstances requires modification of the prior order of custody and visitation to ensure the best interests of the child (see Eschbach v Eschbach, 56 NY2d at 173; Matter of Kortright v Bhoorasingh, 137 AD3d at 1037-1038; cf. Matter of Hargrove v Langenau, 138 AD3d 846, 847 [2016]). Balkin, J.P., Dickerson, Cohen and Brathwaite Nelson, JJ., concur.
