Appellate Division of the Supreme Court of the State of New York January 23, 2014 (Michael B. v. Dolores C.)

*518The Referee’s determination that it is in the child’s best interest to modify the prior joint custody order and award respondent sole legal and physical custody has a sound and substantial basis in the record (see Lubit v Lubit, 65 AD3d 954, 955 [1st Dept 2009], lv denied 13 NY3d 716 [2010], cert denied 560 US 940 [2010]).