BJORNSON v. BJORNSON

Ordered that on the Court's own motion, the notice of appeal from the decision is deemed a premature notice of appeal from the order ( see CPLR 5520 [c]); and it is further,

Ordered that the order is affirmed insofar as appealed from, with costs.

The record in this case, reached after a full evidentiary hearing, provides a sound and substantial basis for the Supreme Court's determination ( see Eschbach v Eschbach, 56 NY2d 167, 173-174; Matter of Bowe v Robinson, 23 AD3d 555, 556; Matter of Lynch v Acey, 281 AD2d 483). Although both parties appear to be loving and capable parents, the defendant mother failed to meet her burden of establishing, by a preponderance of the evidence, that the best interests of the child warranted relocating him to Norway from New York ( see Matter of Tropea v Tropea, 87 NY2d 727, 740-741; Matter of Belbol v Stevenson, 23 AD3d 555).

Further, the plaintiff father established that the totality of the circumstances warranted modifying the judgment of divorce to the extent of awarding him physical custody of the child ( see Eschbach v Eschbach, supra at 174; cf. Matter of Bowe v Robinson, supra at 556-557).