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MATTER OF SMITH v. VOGT

59 A.D.3d 631 (2009)

872 N.Y.S.2d 677

In the Matter of RENEE M. KEARSE SMITH, Appellant, v. KALVIN C. VOGT, Respondent.

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

Decided February 17, 2009.

Ordered that the order is affirmed, without costs or disbursements.

The Family Court's determination, after weighing the appropriate factors (see Matter of Shehata v Shehata, 31 A.D.3d 773, 774 [2006]), that awarding the father custody of the child would be in the child's best interests, had a sound and substantial basis in the record and should not be disturbed (see Matter of Ganzenmuller v Rivera,

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