SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
November 16, 2012
IN THE MATTER OF JEREMY WAWRZYNSKI, PETITIONER-RESPONDENT,
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.
Matter of Matter of Wawrzynski v Goodman
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.
Released on November 16, 2012
PRESENT: CENTRA, J.P., PERADOTTO, SCONIERS, VALENTINO, AND MARTOCHE, JJ.
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; Matter of Simonds v Kirkland, 67 AD3d 1481, 1482). Entered: November 16, 2012 Frances E. Cafarell Clerk of the Court
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