Opinion
2012-11-16
In the Matter of Jeremy WAWRZYNSKI, Petitioner–Respondent, v. Shantel GOODMAN, Respondent–Appellant.
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.
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.