Matter of Cowell v Pembrock

Matter of Cowell v Pembrock 2014 NY Slip Op 00040 Released on January 3, 2014 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 January 3, 2014
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., FAHEY, LINDLEY, SCONIERS, AND WHALEN, JJ.
1350 CAF 12-01236

[*1]In the Matter of Michele Cowell, PETITIONER-APPELLANT,

v

Robert Pembrock, Sr., RESPONDENT-RESPONDENT.


Appeal from an order of the Family Court, Erie County (Margaret O. Szczur, J.), entered May 14, 2012 in a proceeding pursuant to Family Court Act article 6. The order, among other things, dismissed the petition seeking to modify a prior order that awarded custody of the subject child to respondent.


ELIZABETH CIAMBRONE, BUFFALO, FOR PETITIONER-APPELLANT.
VENZON LAW FIRM PC, BUFFALO (CATHARINE M. VENZON OF COUNSEL), FOR RESPONDENT-RESPONDENT.
DOMINIC PAUL CANDINO, ATTORNEY FOR THE CHILD, BUFFALO.


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

Memorandum: Petitioner mother appeals from an order that, inter alia, dismissed her petition seeking modification of a prior order that awarded custody of the subject child to respondent father. Contrary to the mother's contention, Family Court properly dismissed the petition following a hearing. In seeking a change in the established custody arrangement, the mother was required to show " a change in circumstances [that] reflects a real need for change to ensure the best interest[s] of the child' " (Matter of Moore v Moore, 78 AD3d 1630, 1630, lv denied 16 NY3d 704), and the record supports the court's conclusion that the mother failed to make that showing (see Matter of Horn v Horn, 74 AD3d 1848, 1848, lv denied 15 NY3d 710).
Entered: January 3, 2014
Frances E. Cafarell
Clerk of the Court