JOSEPH v. MORSALI (2024)

Order, Supreme Court, New York County (Ariel D. Chesler, J.), entered September 21, 2023, which, insofar as appealed from as limited by the briefs, denied plaintiff father's motion to modify the parties’ custody agreement and directed him to pay to defendant mother $20,000 as sanctions for frivolous conduct, unanimously affirmed, without costs.

Supreme Court made ample inquiry into plaintiff's allegations and correctly determined that no hearing was required on the motion (see e.g. Matter of Antonio Dwayne G. v. Ericka Monte E., 96 A.D.3d 697, 946 N.Y.S.2d 866 [1st Dept. 2012]).  Plaintiff's primary argument, that defendant made false allegations against him in Family Court, was contradicted by the April 19, 2023 Family Court order finding that plaintiff committed harassment in the second degree, which this Court affirmed on appeal (see Damineh M. v. Bedouin L. J., 225 A.D.3d 522, 208 N.Y.S.3d 132 [1st Dept. 2024]).  Nor did defendant otherwise interfere with plaintiff's agreed-upon parenting time, which he generally exercised.  Any need to suspend access due to extenuating circumstances, such as during the COVID–19 pandemic or while defendant was being treated for cancer, did not present a change of circumstances warranting a hearing on the issue of modification of custody as in the children's best interests.

The court also providently determined that plaintiff's application was frivolous and made with the intention of harassing defendant.  Accordingly, the court acted well within its discretion to award sanctions in the form of counsel fees, which were supported by the record and reasonable under the circumstances (see Pickens v. Castro, 55 A.D.3d 443, 867 N.Y.S.2d 47 [1st Dept. 2008]).

We have considered the father's remaining arguments and find them unavailing.