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MATTER OF OTERO v. NIEVES

2009-08666.

77 A.D.3d 756 (2010)

908 N.Y.S.2d 603

In the Matter of CHRISTOPHER OTERO, Appellant, v. CYNTHIA NIEVES, Respondent.

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

Decided October 12, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

An award of custody is based on a determination of the best interests of the child, which includes those factors considered in assessing a petition for relocation (see Matter of Tropea v Tropea, 87 N.Y.2d 727, 739 [1996]; Matter of Tabernuro v Jones, 23 A.D.3d 667 [2005]; Matter of Brackman v Debrest...

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