Wawrzynski v. Goodman

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. The order, among other things, denied respondent's petition to modify a prior custody order.
Wagner & Hart, LLP, Olean (Janine Fodor of Counsel), for Respondent–Appellant. Gerald J. Vella, Springville, for Petitioner–Respondent.
Jay D. Carr, Attorney for the Child, Olean, for Zoey W.
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 A.D.3d 1549, 1550, 910 N.Y.S.2d 725;Matter of Simonds v. Kirkland, 67 A.D.3d 1481, 1482, 889 N.Y.S.2d 350).

*922It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs. CENTRA, J.P., PERADOTTO, SCONIERS, VALENTINO, and MARTOCHE, JJ., concur.