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CLEARY-THOMAS v. THOMAS

Index No. 312659/16. Appeal No. 14831. Case No. 2020-04969.

200 A.D.3d 516 (2021)

155 N.Y.S.3d 316

2021 NY Slip Op 06946

Nicole Cleary-Thomas, Appellant, v. Patrick Thomas, Respondent.

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

Decided December 14, 2021.

Attorney(s) appearing for the Case

The Law Firm of Poppe & Associates, PLLC, New York ( Kamelia "Mia" Poppe of counsel), for appellant.

Cohen Clair Lans Greifer Thorpe & Rottenstreich, LLP, New York ( Michael Calogero of counsel), for respondent.

Concur—Kern, J.P., Kennedy, Scarpulla, Mendez, Shulman, JJ.

Contrary to plaintiff's contention, the parties' informal agreement to reside in their second homes on Long Island during the pandemic did not alter the five-mile radius clause of the custody agreement. Plaintiff did not provide any evidentiary basis to show that relocation to Long Island would be in the children's best interests given that they attend private school in Manhattan and defendant, who returned to Manhattan in September...

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