IN RE: ANTHONY J. BARROS (2011)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: ANTHONY J. BARROS, PETITIONER–RESPONDENT -APPELLANT, v. ELIZABETH A. BARROS, RESPONDENT- PETITIONER–RESPONDENT.

CAF 10–00926

Decided: June 10, 2011

PRESENT: SMITH, J.P., FAHEY, CARNI, LINDLEY, AND GORSKI, JJ.

BETZJITOMIR & BAXTER, LLP, BATH (TERRENCE BAXTER OF COUNSEL), FOR PETITIONER–RESPONDENT–APPELLANT. DAVID J. PAJAK, ALDEN, FOR RESPONDENT–PETITIONER–RESPONDENT.

MEMORANDUM AND ORDER

BONITA STUBBLEFIELD, ATTORNEY FOR THE CHILDREN, PIFFARD, FOR HANNAH B. AND DESTINY B.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner-respondent father appeals from an order that, inter alia, denied his petition seeking to modify a prior order of custody and visitation by awarding him sole custody of the parties' children. We affirm. Contrary to the father's contention, the continuation of the joint custody arrangement is in the best interests of the children (see generally Eschbach v. Eschbach, 56 N.Y.2d 167, 171, 173–174).

Patricia L. Morgan

Clerk of the Court

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