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Baker v. Durham

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 22, 2009

IN THE MATTER OF DERRICK BAKER, APPELLANT,
v.
CAREN DURHAM, RESPONDENT.

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.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

REINALDO E. RIVERA, J.P., HOWARD MILLER, JOHN M. LEVENTHAL and CHERYL E. CHAMBERS, JJ.

(Docket Nos. V-01540-03, V-01541-03)

DECISION & ORDER

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). 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; Matter of Moorehead v Moorehead, 197 AD2d 517, 519). Accordingly, there is no basis to disturb the Family Court's determination.

RIVERA, J.P., MILLER, LEVENTHAL and CHAMBERS, JJ., concur.

20091222

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