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In the Matter of Svetlana Sorokina, Petitioner-Appellant v. John Moody

New York Supreme and/or Appellate Courts Appellate Division, Fourth Department


January 31, 2012

IN THE MATTER OF SVETLANA SOROKINA, PETITIONER-APPELLANT,
v.
JOHN MOODY, RESPONDENT-RESPONDENT.

Appeal from an order of the Family Court, Jefferson County (Kim H. Martusewicz, A.J.), entered April 20, 2010 in a proceeding pursuant to Family Court Act article 6.

Matter of Matter of Sorokina v Moody

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 January 31, 2012

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND GORSKI, JJ.

The order denied the petitions.

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

Memorandum: Petitioner mother appeals from an order denying her amended petition seeking modification of prior orders of custody and visitation, as well as her petition alleging that the father violated those orders. Contrary to the contention of the mother, we conclude that the record supports the determination of Family Court that the mother "failed to make the requisite evidentiary showing of a change of circumstances warranting a reexamination of the existing custody arrangement" (Matter of Jackson v Beach, 78 AD3d 1549, 1550 [internal quotation marks omitted]). With respect to the violation petition, we further conclude that the record is insufficient to establish that the father wilfully violated a clear mandate of the prior orders (see Matter of Maurice H. v Charity C., 49 AD3d 1248, 1249).

Entered: January 31, 2012

Frances E. Cafarell Clerk of the Court

20120131

© 1992-2012 VersusLaw Inc.



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