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DONNA B. McNALLY, Respondent, v. ROBERT M. McNALLY, JR., Appellant.

Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted plaintiff's motion to transfer the issues of custody and visitation for determination in Florida. "[S]ubstantial evidence concerning the [children's] present or future care, protection, training, and personal relationships is more readily available in [Florida]" (Domestic Relations Law § 75-h [c]). The facts that the children have continuously resided in Florida for 4 1/2 years and their grandparents, aunts and uncles as well as their teachers and counselors reside in Florida and the hardship of transporting them on a 36-hour bus ride to New York State, all support the court's determination that Florida is the more convenient forum (see, Domestic Relations Law § 75-h, [3] [a]-[c]).

We have considered defendant's remaining contentions and conclude they are without merit.

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McNALLY v. McNALLY
(Dec 23, 1994)