Opinion
Submitted October 28, 1999
December 6, 1999
In a child custody proceeding pursuant to Family Court Act article, the petitioner mother appeals from an order of the Family Court, Kings County (Segal, J.), dated May 6, 1997, which denied her petition to relocate with the parties' son from Brooklyn to Troy, New York.
Patricia M. D'Orazio, Brooklyn, N.Y., for appellant.
Yasmin Daley Duncan, Brooklyn, N.Y., for respondent.
Arthur Neukrug, Brooklyn, N.Y., Law Guardian for the child.
CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, WILLIAM D. FRIEDMANN, ANITA R. FLORIO, JJ.
ORDERED that the order is affirmed, with one bill of costs.
The record contains a sound and substantial basis for the trial court's determination (see, Eschbach v. Eschbach, 56 N.Y.2d 167 ). The petitioner mother failed to establish by a preponderance of the evidence that the relocation to Troy was in the best interest of the child (see, e.g., Matter of Tropea v. Tropea, 87 N.Y.2d 727, 739 ; Matter of Davis, 238 A.D.2d 708 ; Matter of Mendoza v. Adamson, 238 A.D.2d 737 ; Matter of Stearns v. Baxter, 171 Misc.2d 398, affd 248 A.D.2d 794).
In light of our determination, we need not reach the petitioner's remaining contentions.
O'BRIEN, J.P., SANTUCCI, FRIEDMANN, and FLORIO, JJ., concur.