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COURTNEY ST. CLEMENT v. CASALE

29 A.D.3d 367 (2006)

815 N.Y.S.2d 51

COURTNEY ST. CLEMENT, on Behalf of TAYLOR ERNEST CASALE, Appellant, v. GERALD CASALE et al., Respondents.

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

May 11, 2006.

It is settled that the essential consideration in making an award of custody is the best interests of the child (see Eschbach v Eschbach, 56 N.Y.2d 167, 171 [1982]; Matter of Faunteleroy v Mercado, 5 A.D.3d 482, 482-483 [2004]), and a court may direct a change in custody if the totality of the circumstances warrants a modification and such a change is in the best interests of the child ...

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