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In the Matter of JAMAL A., Appellant, v. VALENTINA V., Respondent. VALENTINA V., Respondent,

While the father alleged facts sufficient to warrant a hearing based on a change in circumstances ( see David W. v Julia W, 158 AD2d 1, 6-7), he failed, at that hearing, to substantiate the allegations with sufficient evidence to warrant a change in custody ( see Matter of Isaac C. v Veronica R., 18 AD3d 327). The father was properly required to demonstrate a change of circumstances as to all three children, as the birth of the third child subsequent to the original petition did not defeat the court's jurisdiction (" Primavera" v "Primavera", 195 Misc 942, 945).

The order of protection is moot because the two-year period it was to be in effect has now expired ( see Wibrowski v Wibrowski, 256 AD2d 172). In any event, we note that the father consented to the entry of the order of protection in favor of the mother.

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JAMAL v. VALENTINA
(Dec 20, 2007)