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In the Matter of Tracy anderson v. Sarah Roncone

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


February 10, 2011

IN THE MATTER OF TRACY ANDERSON,
PETITIONER-APPELLANT,
v.
SARAH RONCONE,
RESPONDENT-RESPONDENT.

Appeal from an order of the Family Court, Erie County (Patricia A. Maxwell, J.), entered January 20, 2010 in a proceeding pursuant to Family Court Act article 6. The order denied the petition for visitation.

Matter of Anderson v Roncone

Decided on February 10, 2011

Appellate Division, Fourth Department 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. Decided on February 10, 2011

PRESENT: SCUDDER, P.J., SMITH, LINDLEY, GREEN, AND MARTOCHE, JJ.

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

Memorandum: Petitioner mother appeals from an order that denied her petition seeking to modify a prior order of custody and visitation by providing her with unsupervised visitation with two of her children. Those children are in the custody of respondent, their paternal aunt. "An order of visitation cannot be modified unless there has been a sufficient change in circumstances since the entry of the prior order [that], if not addressed, would have an adverse effect on the children's best interests" (Matter of Neeley v Ferris, 63 AD3d 1258, 1259; see Matter of Taylor v Fry, 63 AD3d 1217, 1218). Here, the mother failed to demonstrate such a change in circumstances, and the record supports Family Court's determination that the best interests of the children would be served by continuing the requirement that visitation be supervised (see Matter of Burczynski v Rodgers, 61 AD3d 1401; Matter of De Cicco v De Cicco, 29 AD3d 1095, 1096). Entered: February 10, 2011 Patricia L. Morgan Clerk of the Court

20110210

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