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MATTER OF SMALLS v. PAYNE

64 A.D.3d 783 (2009)

In the Matter of RAHEEM SMALLS, Respondent, v. CHERYL PAYNE, Appellant.

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

Decided July 28, 2009.

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

"[A] court's paramount concern in any custody dispute is whether, under the totality of the circumstances, a transfer of custody is in the best interests of the child" (Musachio v Musachio, 53 A.D.3d 600, 601 [2008]; see Eschbach v Eschbach, 56 N.Y.2d 167, 171 [1982]; ...

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