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MATTER OF SARAH B. v. AUBREY S.

Docket No. V-22344/17. V-33610-17. Appeal No. 13707. Case No. 2020-01002.

193 A.D.3d 538 (2021)

142 N.Y.S.3d 358

2021 NY Slip Op 02353

In the Matter of Sarah B., Respondent, v. Aubrey S., Appellant.

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

Decided April 20, 2021.

Attorney(s) appearing for the Case

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

Larry S. Bachner , New York, respondent.

Janet Neustaetter , The Children's Law Center, Brooklyn ( Laura Solecki of counsel), attorney for the child.

Concur—Webber, J.P., Kern, Oing, González, JJ.

The court's determination that the award of sole legal and physical custody to the mother would serve the best interests of the child has a sound and substantial basis in the record (see Eschbach v Eschbach, 56 N.Y.2d 167, 171 [1982]). Even though the child had been living primarily with the father since November 2015, the parties' testimony established that the mother is better equipped to address the child's educational, emotional...

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