Summary
noting that "[t]o the extent the appellant child is aggrieved by the [custody] order, we find that the court's determination ... has a sound and substantial basis in the record"
Summary of this case from Newton v. McFarlaneOpinion
09-29-2015
In re ANGEL D., Petitioner–Respondent, v. NIEZA S., Respondent. Luis D., Nonparty Appellant.
Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), for appellant. Building Service 32BJ Legal Services Fund, New York (Analiz M. Velazquez of counsel), for respondent.
Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), for appellant.
Building Service 32BJ Legal Services Fund, New York (Analiz M. Velazquez of counsel), for respondent.
Opinion Order, Family Court, New York County (Marva Burnett, Referee), entered on or about May 7, 2014, which, to the extent appealed from, denied respondent mother's request to relocate with the parties' child to Florida, unanimously affirmed, without costs.
Respondent mother has not appealed from the order denying her request to relocate. To the extent the appellant child is aggrieved by the order (see Matter of
Baxter v. Borden, 122 A.D.3d 1417, 998 N.Y.S.2d 541 [4th Dept.2014], lv. denied 24 N.Y.3d 915, 2015 WL 649304 [2015] ), we find that the court's determination that relocation would not be in the child's best interests has a sound and substantial basis in the record (see Matter of Tropea v. Tropea, 87 N.Y.2d 727, 741, 642 N.Y.S.2d 575, 665 N.E.2d 145 [1996] ; see generally Matter of David J.B. v. Monique H., 52 A.D.3d 414, 415, 861 N.Y.S.2d 330 [1st Dept.2008] ). There was valid evidentiary support for the conclusion that relocation would be damaging to the child's relationship with the father (see Matter of Frederick A. v. Lisa C., 121 A.D.3d 495, 994 N.Y.S.2d 115 [1st Dept.2014] ). Although a slight economic advantage could be realized by the move to Florida and the child expressed a preference for relocation through his attorney, the referee properly concluded that any benefits of relocation would not outweigh the harm resulting from the disruption to the child's relationship with his father (see Matter of Charmaine L. v. Kenneth D., 76 A.D.3d 910, 908 N.Y.S.2d 41 [1st Dept.2010], lv. denied 16 N.Y.3d 702, 2011 WL 135343 [2011] ).
FRIEDMAN, J.P., ANDRIAS, SAXE, GISCHE, KAPNICK, JJ., concur.