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IN THE MATTER OF BOUIE v. ARVELO-SMITH

12 A.D.3d 668 (2004)

784 N.Y.S.2d 894

In the Matter of MICHELLE BOUIE, Appellant, v. JUAN ARVELO-SMITH, Respondent.

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

November 29, 2004.

Ordered that the matter is remitted to the Family Court, Kings County, for a report stating the basis for the award of custody to the father, and the appeals are held in abeyance in the interim; the Family Court, Kings County, is directed to file its report with all convenient speed.

An award of custody must be based on the child's best interests upon consideration of the totality of the circumstances (see Eschbach v Eschbach, 56 N.Y.2d 167...

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