Matter of Arroyo v Thompson
2009 NY Slip Op 05120 [63 AD3d 921]
June 16, 2009
Appellate Division, Second Department
As corrected through Wednesday, August 5, 2009


In the Matter of Jonathan Arroyo, Respondent,
v
AbbyJean Thompson, Appellant. (Proceeding No. 1.) In the Matter of Abby Jean Thompson,Appellant, v Jonathan Arroyo, Respondent. (Proceeding No. 2.)

[*1]Gina M. Scelta, Centerport, N.Y., for appellant.

Jeanne R. Burton, Ronkonkoma, N.Y., for respondent.

In two related child custody and visitation proceedings pursuant to Family Court Act article6, the mother appeals, as limited by her brief, from so much of an order of the Family Court,Suffolk County (Burke, R.), dated March 28, 2008, as, after a hearing, denied that branch of herpetition which was for permission to relocate to Ohio with the parties' child.

Ordered that the order is affirmed insofar as appealed from, with costs.

The record contains a sound and substantial basis for the Family Court's denial of that branchof the mother's petition which was for permission to relocate to Ohio with the parties' child(see Matter of Tropea v Tropea, 87 NY2d 727 [1996]). The evidence did not demonstratethat relocation to Ohio was in the best interests of the child (see Matter of Said v Said,61 AD3d 879 [2009]). Fisher, J.P., Dillon, Covello and Dickerson, JJ., concur.


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