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SALICHS v. JAMES

268 A.D.2d 168 (2000)

708 N.Y.S.2d 385

HELEN SALICHS, Respondent, v. WARREN JAMES, Appellant.

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

May 30, 2000.

Attorney(s) appearing for the Case

Helen Salichs, respondent pro se.

Patricia Ann Grant of counsel (Michael W. Appelbaum on the brief; Grant & Landau, attorneys), for appellant.

WILLIAMS, J. P., TOM, BUCKLEY and FRIEDMAN, JJ., concur.

OPINION OF THE COURT

SAXE, J.

Plaintiff mother seeks permission to relocate with the parties' child to Puerto Rico. We conclude that she has failed to satisfy her burden of proving by a preponderance of the evidence that the move would be in the child's best interests, and, accordingly, we reverse Supreme Court's grant of permission.

Pursuant to the stipulation of settlement incorporated in the parties' judgment of divorce, the mother was granted...

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