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MATTER OF MELENDEZ v. MELENDEZ

Appellate Division of the Supreme Court of New York, Fourth Department.
Sep 30, 1997

We reject respondent's contention that the determination changing physical custody of the parties' daughter from respondent to petitioner lacks a sound and substantial basis in the record ( see, White v. White, 209 A.D.2d 949, lv dismissed 85 N.Y.2d 924; Fox v. Fox, 177 A.D.2d 209, 211-212). Upon our review of the record, we conclude that petitioner met his burden of showing that the change of custody is in the child's best interests ( see, Matter of Ammann v. Ammann, 209 A.D.2d 1032; see also, Eschbach v. Eschbach, 56 N.Y.2d 167, 171-174).