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MATTER OF CARDOZO v. DEFREITAS

2010-06550.

87 A.D.3d 1138 (2011)

930 N.Y.S.2d 462

2011 NY Slip Op 6839

In the Matter of JOHNSON T. CARDOZO, Appellant, v. DAINA B. DEFREITAS, Respondent.

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

Decided September 27, 2011.

Ordered that the order is affirmed insofar as appealed from, without costs and 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]; Matter of Riccio v Riccio, 21 A.D.3d 1107 [2005]). The essential consideration in making an award...

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