Matter of Wawrzynski v Goodman

Matter of Matter of Wawrzynski v Goodman 2012 NY Slip Op 07839 Released on November 16, 2012 Appellate Division, Fourth 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.

Released on November 16, 2012
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, SCONIERS, VALENTINO, AND MARTOCHE, JJ.
1225 CAF 11-02256

[*1]IN THE MATTER OF JEREMY WAWRZYNSKI, PETITIONER-RESPONDENT,

v

SHANTEL GOODMAN, RESPONDENT-APPELLANT.


Appeal from an order of the Family Court, Cattaraugus County (Judith E. Samber, R.), entered April 13, 2011 in a proceeding pursuant to Family Court Act article 6. The order, among other things, denied respondent's petition to modify a prior custody order.


WAGNER & HART, LLP, OLEAN (JANINE FODOR OF COUNSEL), FOR RESPONDENT-APPELLANT.
GERALD J. VELLA, SPRINGVILLE, FOR PETITIONER-RESPONDENT.
JAY D. CARR, ATTORNEY FOR THE CHILD, OLEAN, FOR ZOEY W.



It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent mother appeals from an order that, inter alia, denied her petition seeking modification of a prior custody order that awarded sole custody of the subject child to petitioner father. Contrary to the mother's contention, there is a sound and substantial basis in the record for Family Court's determination that the mother failed to make the requisite evidentiary showing of a change in circumstances to warrant an inquiry into whether the best interests of the subject child would be served by modifying the existing custody arrangement (see Matter of Jackson v Beach, 78 AD3d 1549, 1550; Matter of Simonds v Kirkland, 67 AD3d 1481, 1482).
Entered: November 16, 2012
Frances E. Cafarell
Clerk of the Court