Matter of Peggy M. v. Michael O'L.

2017 NY Slip Op 6978, 154 A.D.3d 438, 60 N.Y.S.3d 819

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 5, 2017
• Docket: 4590
• Status: Published

Opinion

Order, Family Court, Bronx County (Diane Keisel, J.), entered on or about December 16, 2014, which dismissed the petition to modify a visitation order, unanimously affirmed, without costs.

A full evidentiary hearing on the petition to modify a visitation order less then four months after the order, was not required, because petitioner made no offer of proof of a change in circumstances, and the court possessed sufficient information for a determination of the child’s best interests (see Matter of Martha V. v Tony R., 151 AD3d 653 [1st Dept 2017]). Respondent was awarded custody in September 2011, based, inter alia, on petitioner’s campaign to undermine the child’s relationship with him (.Matter of Michael O. v Peggy M., 110 AD3d 499 [1st Dept 2013]). In July 2014, the court denied respondent’s petition to suspend all visitation, but modified the 2011 custody order to limit petitioner to two supervised visits per month.

Concur — Acosta, P.J., Renwick, Webber, Oing and Moulton, JJ.