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RUTIGLIANO v. RUTIGLIANO
Appellate Division of the Supreme Court of New York, Second Department.
Mar 15, 2004
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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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