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JUDI RUTIGLIANO, appellant, v. NICHOLAS RUTIGLIANO, respondent.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

When reviewing a custodial parent's request to relocate, the court's primary focus must be the best interests of the child ( see Tropea v. Tropea, 87 N.Y.2d 727, 739; Kime v. Kime, 302 A.D.2d 564; Miller v. Pipia, 297 A.D.2d 362, 365-366). Here, contrary to the plaintiff's contentions, the record provides a sound and substantial basis for the Supreme Court's determination that she should remain in New York and not relocate to Florida with the parties' son.

KRAUSMAN, J.P., LUCIANO, TOWNES and RIVERA, JJ., concur.

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RUTIGLIANO v. RUTIGLIANO
(Mar 15, 2004)