Opinion
May 3, 1994
Appeal from the Supreme Court, New York County (David B. Saxe, J.).
Inasmuch as this Court's authority to consider the question of custody is as broad as that of the IAS Court (Matter of Louise E.S. v. W. Stephen S., 64 N.Y.2d 946), we find that the IAS Judge's determination was not warranted by the evidence, particularly since there is much support in the record for the opinion of the court-appointed psychiatrist, and the evaluation by an independent expert should not be readily set aside (Giraldo v Giraldo, 85 A.D.2d 164; Asher v. Asher, 79 A.D.2d 904).
We have considered the remaining issues raised on this appeal and find them to be without merit.
Concur — Carro, J.P., Wallach, Nardelli and Williams, JJ.
The determination of custody depends to a very considerable extent on the assessment of the credibility of the witnesses by the nisi prius court and of its face-to-face evaluation of the character and temperamental fitness of the parents. Hence, the findings of that court are ordinarily accorded great deference by us, even though we do have the power to make independent determinations (see, Eschbach v. Eschbach, 56 N.Y.2d 167, 173).
The IAS Court appropriately was careful to consider the views of the compensated psychiatric experts as well as the court appointed expert. It was not erroneous for the court to credit the testimony of the mother's treating psychiatrist as well as the mother's expert, and depart from the recommendation of the court appointed expert. This is especially sensible since the latter's recommendation was qualified by his request that the matter be reviewed in three months, and further by the fact that the court had an opportunity to conduct an in camera interview with both children.
Accordingly, I am persuaded that we should affirm, to continue custody of the children in their mother, on the comprehensive analysis by the Supreme Court Justice, who is experienced in matrimonial and custody matters.