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James M. v. Rosana R.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


January 12, 2010

IN RE JAMES M., PETITIONER-RESPONDENT,
v.
ROSANA R., RESPONDENT-APPELLANT.

Order, Family Court, New York County (Elizabeth Barnett, Referee), entered on or about July 17, 2008, which, to the extent appealed, denied the mother's requested modification of a prior order of visitation entered on or about September 9, 2005, same court (Patricia E. Henry, J.), unanimously affirmed, without costs.

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.

Saxe, J.P., Catterson, Moskowitz, DeGrasse, Abdus-Salaam, JJ.

Family Court properly denied the mother's request to extend her visitation further, to direct that a cell phone be given to her 11-year-old daughter, and to direct that she have "meaningful input" on non-emergency decisions. The mother failed to demonstrate a change in circumstances, which would have warranted modification of the September 9, 2005 order of visitation (see Matter of Alexander v Alexander, 62 AD3d 866 [2009]). Given the modifications made by Family Court to the existing schedule based on the parties' agreement, there is no reason to conclude that further changes are needed to protect the child's best interests (see Eschbach v Eschbach, 56 NY2d 167, 171 [1982]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100112

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