258 A.D.2d 965, 685 N.Y.S.2d 501, 1999 N.Y. Slip Op. 01179
In the Matter of Gregory Michaels, Appellant,
Mary Michaels, Respondent.
Supreme Court, Appellate Division, Fourth Department, New York
(February 10, 1999)
CITE TITLE AS: Matter of Michaels v Michaels
Order unanimously affirmed without costs.
The record supports Family Court's denial of the petition in which petitioner sought custody of the parties' children. The children have always resided with respondent, and there is no evidence that continuing to reside with her is not in their best interests. Contrary to the contention of petitioner, he has not been deprived of *966 meaningful access to the children by respondent's relocation to a town less than 30 miles from petitioner's residence (see, Matter of Schouten v Schouten, 155 AD2d 461, 462, lv denied 74 NY2d 616; Murphy v Murphy, 145 AD2d 857). (Appeal from Order of Cayuga County Family Court, Corning, J.--Custody.)
Present--Green, J. P., Pine, Wisner, Pigott, Jr., and Callahan, JJ.
Copr. (c) 2010, Secretary of State, State of New York