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MATTER OF KULAKOWICH v. ZINGARELLI

249 A.D.2d 306 (1998)

670 N.Y.S.2d 355

In the Matter of Andrew Kulakowich, Respondent, v. Alice Zingarelli, Formerly Known as Alice Z. Kulakowich, Respondent, and Anne Gilleece, as Law Guardian, Appellant

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

April 6, 1998

Ordered that the order is reversed, as a matter of discretion in the interest of justice, without costs or disbursements, and the petition is denied.

A petition for a modification of custody should only be granted when the totality of circumstances warrants modification in the best interest of the child (see, Eschbach v Eschbach, 56 N.Y.2d 167). The custodial parent is given priority in order to maintain and promote...

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