Opinion
2003-00528.
Decided March 15, 2004.
In a matrimonial action in which the parties were divorced by judgment entered January 17, 2002, the plaintiff mother appeals from an order of the Supreme Court, Nassau County (Marano, J.), dated December 21, 2002, which, inter alia, denied her cross motion for permission to relocate with the parties' son to Florida.
Allan S. Botter, Lake Success, N.Y. (Paula Schwartz Frome of counsel), for appellant.
Zornberg Hirsch, Lake Ronkonkoma, N.Y. (Barry S. Zornberg of counsel), for respondent.
Chris J. Coschignano, Syosset, N.Y., Law Guardian for the child.
Before: GABRIEL M. KRAUSMAN, J.P., DANIEL F. LUCIANO, SANDRA L. TOWNES, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
When reviewing a custodial parent's request to relocate, the court's primary focus must be the best interests of the child ( see Tropea v. Tropea, 87 N.Y.2d 727, 739; Kime v. Kime, 302 A.D.2d 564; Miller v. Pipia, 297 A.D.2d 362, 365-366). Here, contrary to the plaintiff's contentions, the record provides a sound and substantial basis for the Supreme Court's determination that she should remain in New York and not relocate to Florida with the parties' son.
KRAUSMAN, J.P., LUCIANO, TOWNES and RIVERA, JJ., concur.