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Matter of Wood v. Hargrave

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 15, 2002
292 A.D.2d 795 (N.Y. App. Div. 2002)

Opinion

251

March 15, 2002.

Appeal from an order of Family Court, Steuben County (Furfure, J.), entered October 20, 2000, which denied the petition, in a proceeding pursuant to Family Court Act article 6, to modify visitation.

D.J. J.A. Cirando, ESQS., Syracuse (John A. Cirando of counsel), for petitioner-appellant.

Alice Jane Hooker, Law Guardian, Canandaigua, for Samantha H.

PRESENT: PIGOTT, JR., P.J., PINE, SCUDDER, BURNS, AND GORSKI, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Family Court properly found that petitioner failed to establish by a preponderance of the evidence that her relocation with the parties' child from Steuben County to South Carolina is in the child's best interests ( see, Matter of Tropea v. Tropea, 87 N.Y.2d 727, 741; Sawyer v. Sawyer, 242 A.D.2d 969, 970). The court properly considered the factors set forth in Matter of Tropea v. Tropea ( supra, at 740-741) and found that, although the relocation would benefit the child economically, her relationship with respondent would be adversely affected because a reasonable visitation schedule would not be feasible in view of the distance between the two locations, the financial circumstances of the parties and respondent's work schedule ( cf., Matter of Gillard v. Gillard, 241 A.D.2d 966, 968-969).

Petitioner contends for the first time on appeal that the hearing was tainted because the Law Guardian had a conflict of interest, and thus her contention is not preserved for our review ( see, Ciesinski v. Town of Aurora, 202 A.D.2d 984).


Summaries of

Matter of Wood v. Hargrave

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 15, 2002
292 A.D.2d 795 (N.Y. App. Div. 2002)
Case details for

Matter of Wood v. Hargrave

Case Details

Full title:MATTER OF RACHEL WOOD, Petitioner-appellant, v. WILLIAM HARGRAVE…

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

Date published: Mar 15, 2002

Citations

292 A.D.2d 795 (N.Y. App. Div. 2002)
739 N.Y.S.2d 331

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