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MATTER OF SAJID v. BERRIOS-SAJID

2009-01358.

73 A.D.3d 1186 (2010)

902 N.Y.S.2d 146

In the Matter of ALAN SAJID, Appellant, v. JOANN BERRIOS-SAJID, Respondent.

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

Decided May 25, 2010.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

There is "no prima facie right to the custody of the child in either parent" (Domestic Relations Law § 70[a]; § 240 [1] [a]; see Friederwitzer v Friederwitzer, 55 N.Y.2d 89 [1982]). The essential consideration in any custody controversy is the best interests of the child (see Eschbach v Eschbach, 

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