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In the Matter of MARK E. ARDUINO, SR., Respondent, v. MARITZA AYUSO, Appellant. (Proceeding No. 1.) In the Matter of MARITZA AYUSO, Appellant,

Ordered that the order dated February 29, 2008, is affirmed insofar as appealed from, without costs or disbursements.

In order to modify an existing custody or visitation arrangement, there must be a showing that there has been a change in circumstances such that modification is required to protect the best interests of the child ( see Matter of Quinones v Ibarrondo, 67 AD3d 686). The best interests of the child are determined by an examination of the totality of the circumstances ( see Eschbach v Eschbach, 56 NY2d 167, 172).

Here, contrary to the mother's contention, the hearing court properly considered the totality of the circumstances in determining that the best interests of the subject children would be served by awarding the father sole custody of the children with certain visitation to the mother. The hearing court's determination was made after a hearing, in camera interviews with the subject children, and a review of home studies of the parties' residences and forensic evaluations of the parties and the children. Since the hearing court's determination has a sound and substantial basis in the record, we will not disturb it ( see Matter of Mohabir v Singh, 63 AD3d 1159; Matter of Perez v Martinez, 52 AD3d 518, 519).

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IN RE ARDUINO
(Feb 2, 2010)