Blackburn v. Santiago

250 A.D.2d 676, 671 N.Y.S.2d 688, 1998 N.Y. Slip Op. 04636

Supreme Court, Appellate Division,

Second Department, New York.

In the Matter of Yvonne Rowe BLACKBURN, Respondent,

v.

Abraham SANTIAGO, Appellant.

May 11, 1998.

Larry S. Bachner, Kew Gardens, for appellant.

Toba Beth Stutz, Pound Ridge, for respondent.

Peter A. Wilner, Jamaica, Law Guardian for the children.

*676 In a child custody proceeding pursuant to Family Court Act article 3, the father appeals from an order of the Family Court, Queens County (Elkins, J.), dated March 12, 1997, which, inter alia, granted the mother’s application allowing her to relocate with the parties’ two children to the State of Washington.

*677 ORDERED that the order is affirmed, without costs or disbursements.

Upon our review of the forensic evaluations and hearing testimony and considering the recommendation of the Law Guardian, **689 we conclude that the Family Court correctly determined that the best interests of the children would be served by relocating to the State of Washington ( see, Matter of Tropea v. Tropea, 87 N.Y.2d 727, 642 N.Y.S.2d 575, 665 N.E.2d 145; Matter of Yelverton v. Stokes, 247 A.D.2d 719, 669 N.Y.S.2d 80; Pardee v. Pardee, 246 A.D.2d 522, 666 N.Y.S.2d 926; Coryell P. v. Louis J.P., 231 A.D.2d 701, 648 N.Y.S.2d 122).

BRACKEN, J.P., and MILLER, O’BRIEN and COPERTINO, JJ., concur.