Thompson v. Thompson

Appellate Division of the Supreme Court of New York

Thompson v. Thompson

124 A.D.3d 1354, 1 N.Y.S.3d 655

Appellate Division of the Supreme Court of the State of New York·Decided January 2, 2015·Published·Cited by 5 cases

Opinion

Appeal from an order of the Family Court, Jefferson County (Peter A. Schwerzmann, A.J.), entered May 7, 2013 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition.

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

Memorandum: Petitioner mother appeals from an order that dismissed her petition seeking modification of a prior custody order awarding sole custody of the subject child to respondent 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 child would be served by modifying the existing custody arrangement (see Matter of Wawrzynski v Goodman, 100 AD3d 1559, 1559 [2012]).

Present — Centra, J.P., Fahey, Valentino, Whalen and DeJoseph, JJ.

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Appeal from an order of the Family Court, Jefferson County (Peter A. Schwerzmann, A.J.), entered May 7, 2013 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition.

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

Memorandum: Petitioner mother appeals from an order that dismissed her petition seeking modification of a prior custody order awarding sole custody of the subject child to respondent 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 child would be served by modifying the existing custody arrangement (see Matter of Wawrzynski v Goodman, 100 AD3d 1559, 1559 [2012]).

Present — Centra, J.P., Fahey, Valentino, Whalen and DeJoseph, JJ.

Thompson v. Thompson, 124 A.D.3d 1354, 1 N.Y.S.3d 655 (N.Y. Ct. App. 2015).

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Opinion

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