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MATTER OF MATTHEW W. v. MEAGAN R.

1550

68 A.D.3d 468 (2009)

2009 NY Slip Op 9063

891 N.Y.S.2d 30

In the Matter of MATTHEW W., Appellant, v. MEAGAN R., Respondent.

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

Decided December 8, 2009.

No basis exists to disturb the court's finding that while the parties are both fit to act as custodial parent on most counts (see Eschbach v Eschbach, 56 N.Y.2d 167, 172 [1982]), the ability to nurture a relationship between the child and the noncustodial parent tips the scales in favor of the mother (see Victor L. v Darlene L., 251 A.D.2d 178, 179 [1998], lv denied 92 N.Y.2d 816...

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