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In the Matter of Reilly v. Schmidt

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 2002
295 A.D.2d 436 (N.Y. App. Div. 2002)

Opinion

2001-05608

Submitted May 17, 2002.

June 10, 2002.

In two related proceedings pursuant to Family Court Act article 6, the father appeals, as limited by his brief, from stated portions of an order of the Family Court, Westchester County (Klein, J.), dated May 17, 2001, which, after a hearing, inter alia, granted the mother's application for permission to relocate with the parties' child to Cromwell, Connecticut.

Bender Jenson Silverstein, LLP, White Plains, N Y (Pamela J. Jenson of counsel), for appellant.

Jones Sledzir Garneau Nardone, LLP, Scarsdale, N Y (Stephen J. Jones of counsel), for respondent.

John A. Pappalardo, White Plains, N.Y., Law Guardian for the child.

Before: SANDRA J. FEUERSTEIN, J.P., ROBERT W. SCHMIDT, THOMAS A. ADAMS, STEPHEN G. CRANE, JJ.


DECISION ORDER

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

When reviewing a custodial parent's request to relocate, the court's primary focus must be on the best interests of the child (see Tropea v. Tropea, 87 N.Y.2d 727, 739; Matter of Abadinsky v. Abadinsky, 264 A.D.2d 476; Harmon v. Harmon, 254 A.D.2d 456; Pardee v. Pardee, 246 A.D.2d 522; cf. Matter of Huston v. Jones, 252 A.D.2d 502, 503; Matter of Mascola v. Mascola, 251 A.D.2d 414, 415). Here, contrary to the father's contentions, the record provides a sound and substantial basis for the Family Court's determination, inter alia, to grant the mother's application for permission to relocate with the parties' son to Cromwell, Connecticut (see Pardee v. Pardee, supra at 523).

FEUERSTEIN, J.P., SCHMIDT, ADAMS and CRANE, JJ., concur.


Summaries of

In the Matter of Reilly v. Schmidt

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 2002
295 A.D.2d 436 (N.Y. App. Div. 2002)
Case details for

In the Matter of Reilly v. Schmidt

Case Details

Full title:IN THE MATTER OF KEVIN M. REILLY, appellant, v. DORIS M. SCHMIDT…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 10, 2002

Citations

295 A.D.2d 436 (N.Y. App. Div. 2002)
743 N.Y.S.2d 728

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