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In re Michael O.

Supreme Court of New York, First Department

October 15, 2013

In re Michael O., IDV. Petitioner-Respondent,
v.
Peggy M., Respondent-Appellant v.

Leslie S. Lowenstein, Woodmere, for appellant.

Debevoise & Plimpton LLP, New York (Matthew T. Warren of counsel), for respondent.

Karen P. Simmons, The Children's Law Center, Brooklyn (Melanie T. West of counsel), attorney for the child.

Mazzarelli, J.P., Andrias, Freedman, Gische, JJ.

Order, Supreme Court, Bronx County (Diane Kiesel, J.), entered on or about September 16, 2011, which granted the father's petition to modify a prior order, dated March 10, 2005, and awarded him permanent custody of the child, unanimously affirmed, without costs.

The record amply supports the court's determination of a substantial change in circumstances based on the testimony that the mother repeatedly engaged in a campaign to undermine the child's relationship with the father, her lack of suitable housing, and, according to the court-appointed psychiatrist, her inability to act in the child's best interests by refraining from disparaging the father and his family (see Matter of Mildred S.G. v Mark G., 62 A.D.3d 460, 461 [1st Dept 2009]; see also Matter of Louise E.S. v W. Stephen S., 64 N.Y.2d 946, 947 [1985]). This testimony also supported the court's finding that the change in custody was in the best interests of the child.


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