Matter of Moreno v Altier

Matter of Matter of Moreno v Altier 2012 NY Slip Op 08315 Decided on December 5, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 5, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
SYLVIA HINDS-RADIX, JJ.
2011-09857
(Docket No. V-9683-11)

[*1]In the Matter of Richard Moreno, appellant,

v

Ellen M. Altier, respondent.




Rhonda R. Weir, Brooklyn, N.Y., for appellant.
Karen P. Simmons, Brooklyn, N.Y. (Tammy Linn and Janet
Neustaetter of counsel), attorney for
the child.


DECISION & ORDER

In a visitation proceeding pursuant to Family Court Act article 6, the father appeals, by permission, from an order of the Family Court, Kings County (Katz, J.), dated October 4, 2011, which granted the mother's motion for a change of venue from Kings County to Monroe County.

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

Under the circumstances of this case, the Family Court providently exercised its discretion in granting the mother's motion for a change of venue (see Family Ct Act § 174; Kassotis v Kassotis, 96 AD3d 1021, 1022; McCarthy v McCarthy, 49 AD3d 696, 697; Matter of Arcuri v Osuna, 41 AD3d 841, 841-842).
SKELOS, J.P., HALL, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court