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SCANNEVIN v. SCANNEVIN

Appellate Division of the Supreme Court of New York, Second Department.
May 20, 2008
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Ordered that the order is affirmed insofar as appealed from, with costs.

The record contains a sound and substantial basis for the Supreme Court's determination granting the father's motion to enjoin the mother from relocating with the children to Maine ( see Matter of Tropea v Tropea, 87 NY2d 727, 739; Eschbach v Eschbach, 56 NY2d 167, 174; Matter of Turnure v Turnure, 37 AD3d 727, 728; Matter of Brzozowski v Brzozowski, 30 AD3d 517, 517-518). The evidence failed to demonstrate that a relocation to Maine was in the best interests of the children ( see Matter of Friedman v Rome, 46 AD3d 682; Matter of Confort v Nicolai, 309 AD2d 861, 861-862; Matter of Mascola v Mascola, 251 AD2d 414, 415).

In light of our determination, we need not reach the mother's remaining contention.