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MATTER OF ALAIRE K.G. v. ANTHONY P.G.

3583.

86 A.D.3d 216 (2011)

925 N.Y.S.2d 417

2011 NY Slip Op 4538

In the Matter of ALAIRE K.G., Respondent, v. ANTHONY P.G., Appellant.

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

Decided May 31, 2011.

Attorney(s) appearing for the Case

Law Office of Randall S. Carmel, Syosset ( Randall S. Carmel of counsel), for appellant.

Anne M. Crawley , Sunnyside, for respondent.

Karen P. Simmons , The Children's Law Center, Brooklyn ( Barbara H. Dildine , Janet Neustaetter and LaShonne Watts of counsel), Attorney for the Child.

TOM, J.P., and ABDUS-SALAAM, JJ., concur with MOSKOWITZ, J.; SAXE and DeGRASSE, JJ., dissent in a separate opinion by SAXE, J.

OPINION OF THE COURT

MOSKOWITZ, J.

This appeal, involving a custodial parent's request to relocate with the parties' child, falls within the class of cases that "present some of the knottiest and most disturbing problems that our courts are called upon to resolve" (Matter of Tropea v Tropea, 87 N.Y.2d 727, 736 [1996]).

The parties were married in January 2004, separated about a year and a half later and...

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