Opinion
Submitted October 17, 2000.
November 13, 2000.
In an action for a divorce and ancillary relief, the plaintiff appeals from stated portions of a judgment of the Supreme Court, Suffolk County (McNulty, J.), entered October 1, 1999, which, inter alia, provided that she could not relocate with the parties' children to North Carolina.
Sarisohn, Sarisohn, Carner, LeBow, Braun Shiebler, Commack, N Y (Marvin Waxner of counsel), for appellant.
Kevin Reilly, Port Jefferson, N.Y., for respondent.
Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed insofar as appealed from, with costs.
The Supreme Court providently exercised its discretion in its determination that the plaintiff's relocation with the parties' children to North Carolina from their home in New York would not be in the children's best interest (see, Matter of Tropea v. Tropea, 87 N.Y.2d 727; Eschbach v. Eschbach, 56 N.Y.2d 167). In addition, the Supreme Court did not err in not, sua sponte, appointing a Law Guardian (see, Family Ct Act § 249[a]; Nolfo v. Nolfo, 149 Misc.2d 634).
The plaintiff's remaining contentions are without merit.