Matter of Fittante v. Borowicz

Full title: In the Matter of LON FITTANTE, Respondent, v. TERRI BOROWICZ, Appellant

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

Date published: May 7, 1999

261 A.D.2d 878 (N.Y. App. Div. 1999)

689 N.Y.S.2d 915

Opinion

May 7, 1999

Appeal from Order of Niagara County Family Court, Figliola, J.H.O. — Custody.

Present — Denman, P. J., Green, Pine, Hayes and Hurlbutt, JJ.

Order unanimously affirmed without costs. Memorandum: Contrary to respondent's contention, the determination granting the petition to modify the existing custody arrangement and awarding custody of the parties' three children to petitioner has a sound and substantial basis in the record ( cf., White v. White, 209 A.D.2d 949, lv dismissed 85 N.Y.2d 924; Fox v. Fox, 177 A.D.2d 209, 211-212). Petitioner established that the change in custody is in the children's best interests ( see, Eschbach v. Eschbach, 56 N.Y.2d 167, 171-174; Perez v. Perez, 239 A.D.2d 868; Matter of Ammann v. Ammann, 209 A.D.2d 1032).