Opinion
2014-01-3
In the Matter of Michele COWELL, Petitioner–Appellant, v. Robert PEMBROCK, Sr., Respondent–Respondent.
Elizabeth Ciambrone, Buffalo, for Petitioner–Appellant. Venzon Law Firm P.C., Buffalo (Catharine M. Venzon of Counsel), for Respondent–Respondent.
Elizabeth Ciambrone, Buffalo, for Petitioner–Appellant. Venzon Law Firm P.C., Buffalo (Catharine M. Venzon of Counsel), for Respondent–Respondent.
Dominic Paul Candino, Attorney for the Child, Buffalo.
PRESENT: SMITH, J.P., FAHEY, LINDLEY, SCONIERS, and WHALEN, JJ.
MEMORANDUM:
Petitioner mother appeals from an order that, inter alia, dismissed her petition seeking modification of a prior order that awarded custody of the subject child to respondent father. Contrary to the mother's contention, Family Court properly dismissed the petition following a hearing. In seeking a change in the established custody arrangement, the mother was required to show “ ‘a change in circumstances [that] reflects a real need for change to ensure the best interest[s] of the child’ ” ( Matter of Moore v. Moore, 78 A.D.3d 1630, 1630, 910 N.Y.S.2d 803, lv. denied16 N.Y.3d 704, 919 N.Y.S.2d 119, 944 N.E.2d 657), and the record supports the court's conclusion that the mother failed to make that showing ( see Matter of Horn v. Horn, 74 A.D.3d 1848, 1848, 902 N.Y.S.2d 738, lv. denied15 N.Y.3d 710, 909 N.Y.S.2d 694, 936 N.E.2d 461).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.