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In the Matter of JILL COULTER, Respondent, v. ALBERT SCALES, Appellant. MICHAEL S. BROMBERG, as Law Guardian for the Child, Nonparty Appellant.

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

The Family Court properly determined that it was in the child's best interests to permit the mother to permanently relocate to Florida with the child ( see Matter of Tropea v. Tropea, 87 NY2d 727; Miller v. Pipia, 297 AD2d 362, 365-366). The child's desires, while properly considered, are not determinative ( see Eschbach v. Eschbach, 56 NY2d 167, 173; Matter of Schimler v. Schimler, 203 AD2d 580, 581). As there is a sound and substantial basis in the record for the Family Court's determination, it should not be disturbed ( see Matter of Rory H. v. Mary M., 13 AD3d 373).

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IN THE MATTER OF COULTER v. SCALES
(Jul 11, 2005)