IN RE: DELORES M. WEBB

Reset A A Font size: Print

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

IN RE: DELORES M. WEBB, PETITIONER-APPELLANT, v. MAURICE AARON, RESPONDENT-RESPONDENT.

CAF 10-01424

Decided: December 30, 2010

PRESENT:  CENTRA, J.P., LINDLEY, SCONIERS, GREEN, AND GORSKI, JJ. FEUERSTEIN AND SMITH, L.L.P., BUFFALO (JAMIE L. CODJOVI OF COUNSEL), FOR PETITIONER-APPELLANT.

MEMORANDUM AND ORDER

JOSEPH C. BANIA, ATTORNEY FOR THE CHILD, BUFFALO, FOR SOLVEIG A.

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

Memorandum:  Petitioner mother appeals from an order that, inter alia, denied her petition seeking to modify a prior order of custody and visitation by granting permission for the parties' daughter to relocate with her to California.   We affirm.   In seeking such permission, the mother was required to establish by a preponderance of the evidence that the proposed relocation would be in the daughter's best interests (see Matter of Tropea v. Tropea, 87 N.Y.2d 727, 741) and, as Family Court properly determined, the mother failed to meet that burden.   In considering the factors set forth in Tropea, the court properly determined that the mother failed to establish that her daughter's life and her own life would “be enhanced economically, emotionally and educationally by the [relocation]” (id.;   see Matter of Murphy v. Peace, 72 AD3d 1626, 1626-1627;  Matter of Jones v. Tarnawa, 26 AD3d 870, 871, lv denied 6 NY3d 714).   The court also properly determined that the relationship of the daughter with respondent father and other relatives, particularly those who provided frequent and meaningful support in the Buffalo area, would be adversely affected by the proposed relocation (see Matter of Chancer v. Stowell, 5 AD3d 1082;  Matter of Guiffrida v. Adams, 277 A.D.2d 948;  see generally Tropea, 87 N.Y.2d at 740).   Furthermore, the mother failed to establish that there was a visitation arrangement that would be conducive to the maintenance of a close relationship between the daughter and the father (cf.  Matter of Parish A. v. Jamie T., 49 AD3d 1322, 1323;  see generally Tropea, 87 N.Y.2d at 738).

Patricia L. Morgan

Clerk of the Court