Matter of David J.B. v Monique H.

2008 NY Slip Op 05786

Decided on June 26, 2008

Appellate Division, First Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 26, 2008
Lippman, P.J., Tom, Andrias, Saxe, JJ.
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Soto, Sanchez & Negron, LLP, Yonkers (Wilson Soto of
counsel), for appellant.
Anne Reiniger, New York, for respondent.
Carol Sherman, The Children's Law Center, Brooklyn (Barbara
H. Dildine of counsel), Law Guardian.

Order, Family Court, Bronx County (Diane Kiesel, J.), entered on or about September 6, 2006, which granted a final order of custody to respondent mother, including permission to relocate with the subject children to Florida, and a final order of visitation to petitioner father, unanimously affirmed, without costs.

"It is well established that in reviewing relocation and other custody issues, deference is to be accorded to the determination rendered by the factfinder, unless it lacks a sound and substantial basis in the record" (Yolanda R. v Eugene I.G., 38 AD3d 288, 289 [2007]). Here, the record shows that in considering the custody and relocation issues, the court properly
considered the "best interests" of the children (see Eschbach v Eschbach, 56 NY2d 167, 171 [1982]; Matter of Tropea v Tropea, 87 NY2d 727, 739-741 [1996]), and a preponderance of the evidence supports the court's award of custody to respondent mother, including permitting her to remain in Florida with the children.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 26, 2008

CLERK