Ordered that on the Court's own motion, the notice of appeal from the order entered April 15, 2009, is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further.
Ordered that the order is affirmed, without costs or disbursements.
"The court's paramount concern in any custody dispute is to determine, under the totality of the circumstances, what is in the best interests of the child" (Matter...
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