Matter of Michael O. v Peggy M.

Matter of Michael O. v Peggy M. 2013 NY Slip Op 06642 Decided on October 15, 2013 Appellate Division, First 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 October 15, 2013
Mazzarelli, J.P., Andrias, Freedman, Gische, JJ.
10749 216/06

[*1]In re Michael O., IDV. Petitioner-Respondent,

v

Peggy M., Respondent-Appellant.




Leslie S. Lowenstein, Woodmere, for appellant.
Debevoise & Plimpton LLP, New York (Matthew T. Warren of
counsel), for respondent.
Karen P. Simmons, The Children's Law Center, Brooklyn
(Melanie T. West of counsel), attorney for the child.

Order, Supreme Court, Bronx County (Diane Kiesel, J.), entered on or about September 16, 2011, which granted the father's petition to modify a prior order, dated March 10, 2005, and awarded him permanent custody of the child, unanimously affirmed, without costs.

The record amply supports the court's determination of a substantial change in circumstances based on the testimony that the mother repeatedly engaged in a campaign to undermine the child's relationship with the father, her lack of suitable housing, and, according to the court-appointed psychiatrist, her inability to act in the child's best interests by refraining from
disparaging the father and his family (see Matter of Mildred S.G. v Mark G., 62 AD3d 460, 461 [1st Dept 2009]; see also Matter of Louise E.S. v W. Stephen S., 64 NY2d 946, 947 [1985]). This testimony also supported the court's finding that the change in
custody was in the best interests of the child.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 15, 2013

CLERK