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DI BELLO v. DI BELLO

78 A.D.2d 547 (1980)

Joseph A. Di Bello, Appellant, v. Angela N. Di Bello, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 29, 1980

Order affirmed, without costs or disbursements.

The Family Court properly dismissed the petition because there was no material change of circumstances warranting a transfer of custody from the mother to the father (see Matter of Ebert v Ebert, 38 N.Y.2d 700). Petitioner was afforded a full and adequate hearing at which he failed to sustain his burden of showing why a change of custody was necessary. A reading of the record...

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