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IN THE MATTER OF MARRIOTT

55 A.D.3d 613 (2008)

865 N.Y.S.2d 624

In the Matter of DANTON MARRIOTT, Respondent-Appellant, v. AMEE L. HERNANDEZ, Appellant-Respondent. (Proceeding No. 1.) In the Matter of AMEE L. HERNANDEZ, Appellant-Respondent, v. DANTON MARRIOTT, Respondent-Appellant. (Proceeding No. 2.)

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

October 7, 2008.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

"In determining whether a custody agreement should be modified, the paramount issue before the court is whether, under the totality of the circumstances, a modification of custody is in the best interest of the children" (Matter of Johnson v Johnson, 309 A.D.2d 750, 751 [2003]; see Matter of Honeywell v Honeywell...

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