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SHARMA v. SHARMA

Appellate Division of the Supreme Court of New York, Second Department.
Dec 19, 2006
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Ordered that the amended order is affirmed, with costs.

There is a sound and substantial basis in the record for the Family Court's determination that there had been a sufficient change in circumstances since the parties entered into a stipulation concerning custody ( see Family Ct Act ยง 652 [b]; Matter of Shehata v Shehata, 31 AD3d 773, 773-734), and that a transfer of sole legal and physical custody of the parties' child to the father would be in the child's best interests ( see Eschbach v Eschbach, 56 NY2d 167, 171; Friederwitzer v Friederwitzer, 55 NY2d 89, 94). Accordingly, the Family Court correctly confirmed the referee's report ( cf. Shen v Shen, 21 AD3d 1078, 1079), and properly modified the stipulation by awarding the father sole custody of the child ( see Matter of Shehata v Shehata, supra at 774; Bobinski v Bobinski, 9 AD3d 441, 441-442).