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MATTER OF GUERRA v. BALISTRERI

49 A.D.3d 646 (2008)

854 N.Y.S.2d 432

In the Matter of RODOLFO GUERRA, Appellant, v. SANDRA BALISTRERI, Respondent.

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

Decided March 11, 2008.

Ordered that the order dated August 7, 2006 is affirmed insofar as appealed from, without costs or disbursements.

"Modification of an existing custody arrangement is permissible only upon a showing that there has been a change in circumstances such that modification is necessary to ensure the best interests of the child. The court must consider the totality of the circumstances" (Matter of Strand-O'Shea v O'Shea, 32 A.D.3d 398

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