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IN THE MATTER OF JOSELINE MAYSONET, petitioner-respondent, v. DANI CONTRERAS, respondent; KARLA J. ZIMMERMAN, LAW GUARDIAN FOR THE CHILD, nonparty-appellant.

ORDERED that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,

ORDERED that the order is affirmed, without costs or disbursements.

After weighing the appropriate factors as set forth in Matter of Tropea v. Tropea ( 87 N.Y.2d 727), the Family Court properly found that it was in the child's best interest to grant the mother's request to relocate to Florida with the child. The court was not required to follow the recommendations of the court-appointed expert and law guardian (see, Matter of Hopkins v. Wilkerson, 255 A.D.2d 319; Matter of Forzano v. Scuderi, 224 A.D.2d 385). The Family Court did not arbitrarily disregard the recommendations of the expert and law guardian and there is a sound and substantial basis in the record for its determination to permit the mother to relocate to Florida with the child.

FLORIO, J.P., GOLDSTEIN, McGINITY and H. MILLER, JJ., concur.

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IN THE MATTER OF MAYSONET, v. CONTRERAS
(Jan 22, 2002)