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MATTER OF PIGNETTI III v. MAUST

270 A.D.2d 274 (2000)

703 N.Y.S.2d 531

In the Matter of EMIL M. PIGNETTI III, Appellant, v. SUSAN E. MAUST, Respondent. (Proceeding No. 1.) In the Matter of SUSAN E. MAUST, Respondent, v. EMIL M. PIGNETTI III, Appellant. (Proceeding No. 2.)

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

Decided March 6, 2000.

Ordered that the order is reversed, on the law and the facts, with costs, the father's petition is granted, and the mother's petition is denied as academic. "`[A] change in custody should be made only if the totality of the circumstances warrants a change that is in the best interests of the child' (Matter of Paul Seth G. v Antoinette M., 227 A.D.2d 620, 622; see also, Eschbach v Eschbach, 56 N.Y.2d 167

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