WAWRZYNSKI, JEREMY v. GOODMAN, SHANTEL ( 2012 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1225 CAF 11-02256 PRESENT: CENTRA, J.P., PERADOTTO, SCONIERS, VALENTINO, AND MARTOCHE, JJ. IN THE MATTER OF JEREMY WAWRZYNSKI, PETITIONER-RESPONDENT, V MEMORANDUM AND ORDER SHANTEL GOODMAN, RESPONDENT-APPELLANT. 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. 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. 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