Opinion
02-13-2015
In the Matter of Jillian N. NEWMAN, Petitioner–Respondent, v. Michael A. DUFFY, Respondent–Appellant.
Law Office of Keith B. Schulefand, Williamsville (Ross S. Gelber of Counsel), for Respondent–Appellant. Jason R. Dipasquale, Buffalo, for Petitioner–Respondent. Jessica L. Vesper, Attorney for the Child, Buffalo.
Law Office of Keith B. Schulefand, Williamsville (Ross S. Gelber of Counsel), for Respondent–Appellant.
Jason R. Dipasquale, Buffalo, for Petitioner–Respondent.Jessica L. Vesper, Attorney for the Child, Buffalo.
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, SCONIERS, AND DeJOSEPH, JJ.
Opinion
MEMORANDUM:Contrary to respondent father's contention, Family Court properly granted the petition pursuant to which petitioner mother sought to modify an order of custody and visitation and permitted her to relocate with the parties' child to Massachusetts. We conclude that the court properly considered the Tropea factors (see Matter of Tropea v. Tropea, 87 N.Y.2d 727, 740–741, 642 N.Y.S.2d 575, 665 N.E.2d 145 ) in determining that the relocation is in the best interests of the child. Here, the mother's husband, who is in the Coast Guard, received orders transferring him to Massachusetts. “Although he chose to ... remain in the [Coast Guard], that choice provided him with stability in employment in turbulent economic times, as well as benefits including health insurance for his family” (Matter of Adams v. Bracci, 91 A.D.3d 1046, 1047, 936 N.Y.S.2d 738, lv. denied 18 N.Y.3d 809, 2012 WL 1033620 ). Further, both the mother and her husband testified that they expected substantial salary increases after the transfer (see Matter of Canady v. Binette, 83 A.D.3d 1551, 1551–1552, 922 N.Y.S.2d 676 ). “[E]conomic necessity ... may present a particularly persuasive ground for permitting the proposed move” (Tropea, 87 N.Y.2d at 739, 642 N.Y.S.2d 575, 665 N.E.2d 145 ), and the mother established that the relocation was justified by such economic necessity. In addition, although the relocation will affect the frequency of the father's visitation, the mother agreed to maintain and facilitate a visitation schedule that will afford the father extensive contact with the child (see Matter of Venus v. Brennan, 103 A.D.3d 1115, 1116, 958 N.Y.S.2d 821 ). Finally, even assuming, arguendo, that the court erred in admitting “largely irrelevant evidence relating to [the father's] character,” we conclude that such error was harmless (Matter of Sade B. [Scott M.], 103 A.D.3d 519, 520, 960 N.Y.S.2d 85 ).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.