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In the Matter of MICHAEL QUINN, Appellant, v. MARIA GENOVESE, Respondent.

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

The hearing court did not improvidently exercise its discretion in denying the petitioner's application for an order directing a psychiatric and psychological evaluation of the mother and her new husband since there was no showing that the evaluations ordered by the court were deficient (Family Ct Act § 251; Rosenblitt v Rosenblitt, 107 A.D.2d 292; cf., Giraldo v Giraldo, 85 A.D.2d 164).

The record supports the hearing court's denial of the petitioner's application for a change of custody since the totality of the circumstances fail to demonstrate that doing so would be in the best interests of the children (Eschbach v Eschbach, 56 N.Y.2d 167; Friederwitzer v Friederwitzer, 55 N.Y.2d 89; Matter of Schouten v Schouten, 155 A.D.2d 461).

We have considered the petitioner's remaining contentions and find them to be without merit. Mangano, J.P., Bracken, Eiber and Harwood, JJ., concur.

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MATTER OF QUINN v. GENOVESE
(Feb 20, 1990)