IN RE: DAVID J.B.

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

IN RE: DAVID J.B., Petitioner-Appellant, v. MONIQUE H., Respondent-Respondent.

Decided: June 26, 2008

LIPPMAN, P.J., TOM, ANDRIAS, SAXE, JJ. Soto, Sanchez & Negron, LLP, Yonkers (Wilson Soto of counsel), for appellant. Anne Reiniger, New York, for respondent. Carol Sherman, The Children's Law Center, Brooklyn (Barbara H. Dildine of counsel), Law Guardian.

Order, Family Court, Bronx County (Diane Kiesel, J.), entered on or about September 6, 2006, which granted a final order of custody to respondent mother, including permission to relocate with the subject children to Florida, and a final order of visitation to petitioner father, unanimously affirmed, without costs.

 “It is well established that in reviewing relocation and other custody issues, deference is to be accorded to the determination rendered by the factfinder, unless it lacks a sound and substantial basis in the record” (Yolanda R. v. Eugene I.G., 38 A.D.3d 288, 289, 831 N.Y.S.2d 387 [2007] ).   Here, the record shows that in considering the custody and relocation issues, the court properly considered the “best interests” of the children (see Eschbach v. Eschbach, 56 N.Y.2d 167, 171, 451 N.Y.S.2d 658, 436 N.E.2d 1260 [1982];  Matter of Tropea v. Tropea, 87 N.Y.2d 727, 739-741, 642 N.Y.S.2d 575, 665 N.E.2d 145 [1996] ), and a preponderance of the evidence supports the court's award of custody to respondent mother, including permitting her to remain in Florida with the children.