IN RE: MICHELE COWELL (2014)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: MICHELE COWELL, PETITIONER–APPELLANT, v. ROBERT PEMBROCK, SR., RESPONDENT–RESPONDENT.

CAF 12–01236

Decided: January 03, 2014

PRESENT: SMITH, J.P., FAHEY, LINDLEY, SCONIERS, AND WHALEN, JJ.

ELIZABETH CIAMBRONE, BUFFALO, FOR PETITIONER–APPELLANT. VENZON LAW FIRM PC, BUFFALO (CATHARINE M. VENZON OF COUNSEL), FOR RESPONDENT–RESPONDENT.

MEMORANDUM AND ORDER

DOMINIC PAUL CANDINO, ATTORNEY FOR THE CHILD, BUFFALO.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner mother appeals from an order that, inter alia, dismissed her petition seeking modification of a prior order that awarded custody of the subject child to respondent father. Contrary to the mother's contention, Family Court properly dismissed the petition following a hearing. In seeking a change in the established custody arrangement, the mother was required to show “ ‘a change in circumstances [that] reflects a real need for change to ensure the best interest[s] of the child’ “ (Matter of Moore v. Moore, 78 AD3d 1630, 1630, lv denied 16 NY3d 704), and the record supports the court's conclusion that the mother failed to make that showing (see Matter of Horn v. Horn, 74 AD3d 1848, 1848, lv denied 15 NY3d 710).

Frances E. Cafarell

Clerk of the Court

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