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MATTER OF FOWLER v. RIVERA

296 A.D.2d 409 (2002)

745 N.Y.S.2d 457

In the Matter of KAREN E. FOWLER, Appellant, v. OSWALDO RIVERA, Respondent.

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

Decided July 1, 2002.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the mother's petitions for sole custody are granted.

The sole criterion in a custody case is the "best interests of the child and what will best promote [his or her] welfare and happiness" (Eschbach v Eschbach, 56 N.Y.2d 167, 171 [internal quotation marks omitted]; see Lincoln v Lincoln, 24 N.Y.2d 270

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