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IN THE MATTER OF WELLS v. SMITH

13 A.D.3d 381 (2004)

785 N.Y.S.2d 349

In the Matter of MARION T. WELLS, Appellant, v. DAVID E. SMITH, SR., Respondent.

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

December 6, 2004.

Ordered that the order is affirmed, without costs or disbursements.

In determining whether a custody agreement should be modified, the paramount issue before the court is whether the totality of the circumstances warrants modification in the best interests of the child (see Friederwitzer v Friederwitzer, 55 N.Y.2d 89, 96 [1982]; Matter of Pignetti v Maust,

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