Matter of Baker v Durham

Matter of Baker v Durham 2009 NY Slip Op 09652 [68 AD3d 1105] December 22, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

In the Matter of Derrick Baker, Appellant,
v
Caren Durham, Respondent.

—[*1] Steven P. Forbes, Jamaica, N.Y., for appellant.

Salvatore C. Adamo, New York, N.Y., for respondent.

John C. Macklin, New Hyde Park, N.Y., attorney for the children.

In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Queens County (Seiden, Ct. Atty. Ref.), dated September 2, 2008, which, after a hearing, denied his petition for a change of custody of the parties' children.

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

"[W]here parents enter into an agreement concerning custody, it will not be set aside unless there is a sufficient change in circumstances since the time of the stipulation and unless the modification of the custody agreement is in the best interests of the child" (Matter of Lopez v Infante, 55 AD3d 837, 837-838 [2008]). The Family Court's determination to deny, after a hearing, the father's petition for a change of custody of the parties' children is supported by a sound and substantial basis in the record (see Matter of Marriott v Hernandez, 55 AD3d 613, 613-614 [2008]; Matter of Moorehead v Moorehead, 197 AD2d 517, 519 [1993]). Accordingly, there is no basis to disturb the Family Court's determination. Rivera, J.P., Miller, Leventhal and Chambers, JJ., concur.