Opinion
February 10, 1999
Appeal from Order of Cayuga County Family Court, Corning, J. — Custody.
Present — Green, J. P., Pine, Wisner, Pigott, Jr., and Callahan, JJ.
Order unanimously affirmed without costs. Memorandum: The record supports Family Court's denial of the petition in which petitioner sought custody of the parties' children. The children have always resided with respondent, and there is no evidence that continuing to reside with her is not in their best interests. Contrary to the contention of petitioner, he has not been deprived of meaningful access to the children by respondent's relocation to a town less than 30 miles from petitioner's residence ( see, Matter of Schouten v. Schouten, 155 A.D.2d 461, 462, lv denied 74 N.Y.2d 616; Murphy v. Murphy, 145 A.D.2d 857).