Opinion
6545.
September 22, 2005.
Order, Supreme Court, New York County (Judith J. Gische, J.), entered September 28, 2004, which denied defendant's application for a change in custody, unanimously affirmed, without costs.
Joel B. Mayer, New York, for appellant.
Greene Zinner, P.C., White Plains (Stanley S. Zinner of counsel), for respondent.
Before: Sullivan, J.P., Ellerin, Nardelli and Sweeny, JJ.
Defendant fails to allege sufficient evidentiary facts to warrant a hearing based on a change in circumstances ( see David W. v. Julia W., 158 AD2d 1, 6-7). The initial custody determination, made after a lengthy bench trial before the same Justice, was amply supported by the evidence, including the testimony of the neutral court-appointed forensic evaluator ( see Pedreira v. Pedreira, 17 AD3d 213), and nothing in defendant's moving affidavit tends to show that plaintiff has since become unfit or even less fit to continue as the custodial parent ( see Obey v. Degling, 37 NY2d 768, 770; DeArakie v. DeArakie, 191 AD2d 217, lv dismissed 82 NY2d 802).