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ALEXANDER C.E. v. ANNE Y.E.

10117, 350433/04.

176 A.D.3d 529 (2019)

112 N.Y.S.3d 704

2019 NY Slip Op 07501

Alexander C.E., Respondent, v. Anne Y.E., Appellant.

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

Decided October 17, 2019.

Attorney(s) appearing for the Case

Richard L. Herzfeld, P.C., New York ( Richard L. Herzfeld of counsel), for appellant.

Anne Y.E., appellant pro se.

Kanfer & Holtzer, LLP, New York ( Mark M. Holtzer of counsel), for respondent.

Fink & Katz PLLC, New York ( Philip Katz of counsel), attorney for the child.

Concur—Manzanet-Daniels, J.P., Gische, Webber, Moulton, JJ.

It was uncontroverted that there had been a sufficient change of circumstances to warrant a modification of custody. Plaintiff established that his having sole legal and physical custody would be in the child's best interests (see Matter of Sergei P. v Sofia M., 44 A.D.3d 490 [1st Dept 2007]). The hearing evidence shows that plaintiff is better able to provide a stable home environment for the child and is more capable of addressing...

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