Opinion
February 10, 1999
Appeal from Order of Erie County Family Court, Townsend, J. — Custody.
Present — Green, J. P., Pine, Wisner, Pigott, Jr., and Callahan, JJ.
Order unanimously affirmed without costs. Memorandum: Family Court's finding after a hearing that respondent permanently relocated with the child to Puerto Rico is supported by the record. Based upon the entirety of the circumstances, we conclude that the relocation was a change of circumstances warranting a reexamination of the existing custody arrangement and that the court's award of custody to petitioner is in the best interests of the child ( see, Matter of Burr v. Emmett, 249 A.D.2d 614; Matter of Yelverton v. Stokes, 247 A.D.2d 719, lv denied 92 N.Y.2d 802; see also, Matter of Tropea v. Tropea, 87 N.Y.2d 727, 738-739).