Opinion
11581 Dkt. V–42316–11/17C
05-28-2020
In re STEVEN E., Petitioner–Appellant, v. ANGELLA E., Respondent–Respondent.
Steven E., appellant pro se. Cohen & Gresser, LLP, New York (Harvey B. Silikovitz of counsel), for respondent. Karen Freeman, Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), attorney for the child.
Steven E., appellant pro se.
Cohen & Gresser, LLP, New York (Harvey B. Silikovitz of counsel), for respondent.
Karen Freeman, Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), attorney for the child.
Renwick, J.P., Richter, Manzanet–Daniels, Singh, Moulton, JJ.
Order, Family Court, New York County (J. Machelle Sweeting, J.), entered on or about February 21, 2019, which granted respondent-mother's motion to dismiss the father's petition to modify a custody/visitation order, unanimously affirmed, without costs.
The court properly dismissed the petition seeking modification of the custody/visitation order without a hearing since the father did not credibly allege a material change of circumstances (see Skidelsky v. Skidelsky , 279 A.D.2d 356, 719 N.Y.S.2d 88 [1st Dept. 2001] ). The court acted within its discretion in finding that the claimed changed circumstances were no different than the circumstances that existed at the time of the original order. Moreover, the father did not demonstrate that providing him with custody of or visitation with the daughter would be in her best interests (see St. Clement v. Casale , 29 A.D.3d 367, 368, 815 N.Y.S.2d 51 [1st Dept. 2006] ).
The remainder of the father's arguments are unpreserved ( Matter of Christian E. , 66 A.D.3d 433, 887 N.Y.S.2d 18 [1st Dept. 2009] ) and are otherwise unavailing.