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In the Matter of Anthony J. Barros v. Elizabeth A. Barros

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


June 10, 2011

IN THE MATTER OF ANTHONY J. BARROS,
PETITIONER-RESPONDENT-APPELLANT,
v.
ELIZABETH A. BARROS,
RESPONDENT-PETITIONER-RESPONDENT.

Appeal from an order of the Family Court, Steuben County (Timothy K. Mattison, J.H.O.), entered March 15, 2010 in a proceeding pursuant to Family Court Act article 6. The order, inter alia, denied the petition of petitioner-respondent for modification of a prior order of custody and visitation.

Matter of Barros v Barros

Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 10, 2011

PRESENT: SMITH, J.P., FAHEY, CARNI, LINDLEY, AND GORSKI, JJ.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner-respondent father appeals from an order that, inter alia, denied his petition seeking to modify a prior order of custody and visitation by awarding him sole custody of the parties' children. We affirm. Contrary to the father's contention, the continuation of the joint custody arrangement is in the best interests of the children (see generally Eschbach v Eschbach, 56 NY2d 167, 171, 173-174).

Entered: June 10, 2011

Patricia L. Morgan Clerk of the Court

20110610

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