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MATTER OF GARRICK v. SIMON

2020-09617. Docket Nos. V-15348-17, V-18625-17.

197 A.D.3d 1316 (2021)

152 N.Y.S.3d 326

2021 NY Slip Op 05124

In the Matter of Marcos A. Garrick, Jr., Appellant, v. Zakiya Kerina Simon, Respondent. (Proceeding No. 1.) In the Matter of Zakiya Kerina Simon, Respondent, v. Marcos A. Garrick, Jr., Appellant. (Proceeding No. 2.)

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

Decided September 29, 2021.

Attorney(s) appearing for the Case

Peter C. Lomtevas , Brooklyn, NY, for appellant.

Mary Katherine Brown , Brooklyn, NY, for respondent.

Karen P. Simmons , Brooklyn, NY ( Rachel J. Stanton and Janet Neustaetter of counsel), attorney for the child.

Chambers, J.P., Connolly, Zayas and Dowling, JJ., concur.

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 (see Eschbach v Eschbach, 56 N.Y.2d 167, 171 [1982]; Matter of Olea v Diaz, 194 A.D.3d 721 [2021]; Matter of Pitkanen v Huscher, 167 A.D...

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