Matter of Tyska v Jensen
2010 NY Slip Op 04801 [74 AD3d 831]
June 1, 2010
Appellate Division, Second Department
As corrected through Wednesday, August 25, 2010


In the Matter of David Tyska, Appellant,
v
MarianeJensen, Respondent.

[*1]Jason Bassett, Central Islip, N.Y., for appellant.

Mariane Jensen, Murfreesboro, Tenn., respondent pro se.

Myrka A. Gonzalez, Sayville, N.Y., attorney for the child.

In a proceeding pursuant to Family Court Act article 6, the father appeals, as limited by hisbrief, from so much of an order of the Family Court, Suffolk County (Tarantino, Jr., J.), datedJanuary 5, 2009, as granted the mother's cross petition to relocate to Tennessee with the parties'child.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

There is a sound and substantial basis in the record for the Family Court's determination togrant the mother's cross petition to relocate to Tennessee with the parties' child (see Matter ofTropea v Tropea, 87 NY2d 727, 738 [1996]; Matter of Aruty v Mormando, 70 AD3d 683 [2010]; Matter of Wirth v Wirth, 56 AD3d787, 788 [2008]). The father's claim that the Family Court should have ordered a forensicevaluation of him before determining the mother's cross petition is without merit (compare Matter of Rovenia G.M. v LesleyP.A., 44 AD3d 942, 943-944 [2007]). Dillon, J.P., Balkin, Belen and Lott, JJ., concur.


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