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IN RE TAYLOR

Appellate Division of the Supreme Court of New York, First Department.
Feb 10, 2009

The totality of the circumstances establish that the award of custody to petitioner was in the best in interests of the child and has a sound and substantial basis in the record (see Eschbach v Eschbach, 56 NY2d 167). Although awarding custody to petitioner is contrary to the expressed wishes of the child, the desire of the child is one of many factors to be considered and is not determinative, particularly where, as here, all of the additional factors weigh heavily in favor of granting custody to petitioner ( id. at 172-173).