Appellate Division of the Supreme Court of the State of New York December 30, 2009 (Smith v. Natali)

Memorandum: Petitioner mother appeals from an order *1769dismissing her petition seeking custody of her child. We reject her contention that Family Court’s determination lacks a sound and substantial basis in the record and thus that the court should have granted her petition (see Matter of Harrington v Harrington, 63 AD3d 1618 [2009], lv denied 13 NY3d 705 [2009]).