Matter of Faltings v Faltings

Matter of Faltings v Faltings 2006 NY Slip Op 09240 [35 AD3d 464] December 5, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 14, 2007

In the Matter of Mary Faltings, Appellant,
v
Erik Faltings, Respondent.

—[*1]In related child custody and visitation proceedings pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Suffolk County (MacKenzie, J.), dated November 3, 2005, which, inter alia, denied her petition for visitation.

Ordered that the order is affirmed, with costs.

The mother failed to establish changed circumstances sufficient to warrant modifying a custody order dated May 2, 2002, entered upon the parties' stipulation, which awarded the father sole custody of the parties' four children and effectively denied her visitation. Based on the record before it, the Family Court providently exercised its discretion in denying the mother's petition for visitation (see Family Ct Act § 652 [b] [ii]; see also Friederwitzer v Friederwitzer, 55 NY2d 89, 95 [1982]; Messinger v Messinger, 16 AD3d 562, 563 [2005]; Matter of Manos v Manos, 282 AD2d 749 [2001]). Schmidt, J.P., Adams, Skelos and Covello, JJ., concur.