Wawrzynski v. Goodman

Appellate Division of the Supreme Court of New York

Wawrzynski v. Goodman

100 A.D.3d 1559, 953 N.Y.S.2d 921

Appellate Division of the Supreme Court of the State of New York·Decided November 16, 2012·Published·Cited by 9 cases

Opinion

— Appeal from an order of the Family Court, Cattaraugus County (Judith E. Samber, R.), entered April 13, 2011 in a proceeding pursuant to Family Court Act article 6. The order, among other things, denied respondent’s petition to modify a prior custody order.

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

Memorandum: Respondent mother appeals from an order that, inter alia, denied her petition seeking modification of a prior custody order that awarded sole custody of the subject child to petitioner 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 subject child would be served by modifying the existing custody arrangement (see Matter of Jackson v Beach, 78 AD3d 1549, 1550 [2010]; Matter of Simonds v Kirkland, 67 AD3d 1481, 1482 [2009]). Present — Centra, J.E, Peradotto, Sconiers, Valentino and Martoche, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Appeal from an order of the Family Court, Cattaraugus County (Judith E. Samber, R.), entered April 13, 2011 in a proceeding pursuant to Family Court Act article 6. The order, among other things, denied respondent’s petition to modify a prior custody order.

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

Memorandum: Respondent mother appeals from an order that, inter alia, denied her petition seeking modification of a prior custody order that awarded sole custody of the subject child to petitioner 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 subject child would be served by modifying the existing custody arrangement (see Matter of Jackson v Beach, 78 AD3d 1549, 1550 [2010]; Matter of Simonds v Kirkland, 67 AD3d 1481, 1482 [2009]). Present — Centra, J.E, Peradotto, Sconiers, Valentino and Martoche, JJ.

Wawrzynski v. Goodman, 100 A.D.3d 1559, 953 N.Y.S.2d 921 (N.Y. Ct. App. 2012).

Pincite

100 A.D.3d 1559 (Wawrzynski v. Goodman) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related