IN RE: ZELODIUS C. (2007)

Order, Family Court, New York County (George L. Jurow, J.), entered on or about February 8, 2006, which granted petitioner mother visitation during all school vacations, unanimously modified, on the law, the facts and in the exercise of discretion, the matter remanded for a custody hearing, and otherwise affirmed, without costs.

Liberally construing the allegations of the pro se petition, we find that they set forth sufficient facts which, if established at an evidentiary hearing, could afford a basis for the relief sought, viz., a change in custody (see Matter of Williams v. Mullineaux, 271 A.D.2d 869, 706 N.Y.S.2d 227 [2000] ).   For example, the petition alleged that respondent father was preventing the parties' child from seeing petitioner (see e.g. Vernon v. Vernon, 296 A.D.2d 186, 192, 746 N.Y.S.2d 284 [2002], affd. 100 N.Y.2d 960, 768 N.Y.S.2d 719, 800 N.E.2d 1085 [2003];  Matter of Michael C., 282 A.D.2d 407, 723 N.Y.S.2d 670 [2001], lv. denied 96 N.Y.2d 722, 733 N.Y.S.2d 374, 759 N.E.2d 373 [2001] ).   In addition, during the course of the proceedings, petitioner discovered that respondent had moved to Troy (three hours away) without advance notice, taking the child with him (see Matter of Hanson v. Hanson, 283 A.D.2d 677, 678, 724 N.Y.S.2d 118 [2001];  Matter of Markey v. Bederian, 274 A.D.2d 816, 817, 710 N.Y.S.2d 482 [2000] ).

We note finally that respondent has not appeared in opposition to this appeal (see Matter of Martin R.G. v. Ofelia G.O., 24 A.D.3d 305, 809 N.Y.S.2d 1 [2005];  Matter of Clifford M., 280 A.D.2d 366, 720 N.Y.S.2d 345 [2001] ).