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MATTER OF ANDERSON v. BARLOW
Appellate Division of the Supreme Court of New York, Fourth Department.
Dec 31, 1998
Order unanimously affirmed without costs. Memorandum: Petitioner contends that Family Court erred in dismissing her custody petition. We disagree. The court was "in the best position to evaluate the character and credibility of the witnesses" ( Matter of Paul C. v. Tracy C., 209 A.D.2d 955, 956), and we see no reason to disturb the court's determination. Similarly, the court properly determined that respondent's relocation was in the best interests of the child ( see, Matter of Tropea v. Tropea, 87 N.Y.2d 727, 741). Finally, the court did not abuse its discretion in failing to impose sanctions against respondent for violating a 1993 custody determination.
Present — Denman, P. J., Green, Hayes, Callahan and Balio, JJ.
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