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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 2, 2015

StatusPublished

This text of 124 A.D.3d 1354 (Thompson v. Thompson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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.

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124 A.D.3d 1354, 1 N.Y.S.3d 655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-thompson-nyappdiv-2015.

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