Ordered that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509 [1984]); and it is further,
Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, the mother’s petition to relocate from New York to Virginia with the parties’ minor child is granted, and the matter is remitted to the Family Court, Queens County, for further proceedings in accordance herewith; and it is further,
Ordered that the order is affirmed insofar as cross-appealed from, without costs or disbursements.
The mother commenced this proceeding for permission to relocate from New York to Virginia with the parties’ minor child. The father opposed such relief and cross-petitioned for custody of the child. The Family Court continued the award of custody of the child to the mother, but denied her permission to relocate.
The Family Court’s determination as to custody, which is accorded great deference on appeal, has a sound and substantial basis in the record (see Eschbach v Eschbach, 56 NY2d 167, 173-174 [1982]; Friederwitzer v Friederwitzer, 55 NY2d 89, 95 [1982]). Thus, it will not be disturbed. However, although a close question, the mother should have been granted permission to relocate from New York to Virginia with the parties’ minor child.
When reviewing a custodial parent’s request to relocate, the court’s primary focus must be on the best interests of the child (see Matter of Tropea v Tropea, 87 NY2d 727, 739 [1996]; Kime v Kime, 302 AD2d 564 [2003]). Factors to be considered include:
In light of our determination, the matter is remitted to the Family Court, Queens County, for a determination as to suitable visitation arrangements with the father. H. Miller, J.P., Cozier, Ritter and Fisher, JJ., concur.
