IN RE: JOSHUA M. HARNANTO (2010)

MEMORANDUM AND ORDER

MARY CARNEY, ATTORNEY FOR THE CHILDREN, BUFFALO, FOR JEREMIAH C.H., JOEL S.H. AND JONATHAN E.H.

It is hereby ORDERED that the order so appealed from is unanimously affirmed with costs.

Memorandum:  Respondent mother contends on appeal that Family Court erred in denying her petition seeking a modification of the parties' existing custody arrangement.   The mother sought joint custody, with primary physical residence of the parties' children with her.   She further contends that the court erred in granting the petition in which petitioner father sought permission for the parties' children to relocate with him from Buffalo to New Jersey.   We affirm.   Upon our review of the record, we agree with the court that the best interests of the children would not be served by granting the mother's petition (see generally Eschbach v. Eschbach, 56 N.Y.2d 167, 171-174;  Fox v. Fox, 177 A.D.2d 209, 210).   Furthermore, we conclude that the court properly considered the factors set forth in Matter of Tropea v. Tropea (87 N.Y.2d 727) in determining that the children's best interests would be served by granting the father's petition (see generally Matter of Gillard v Gillard, 241 A.D.2d 966, 968).

Patricia L. Morgan

Clerk of the Court