IN RE: WANDA R. THOMPSON (2015)

Supreme Court, Appellate Division, Fourth Department.

IN RE: WANDA R. THOMPSON, PETITIONER–APPELLANT, v. WARD A. THOMPSON, RESPONDENT–RESPONDENT.

CAF 13–00935

Decided: January 02, 2015

PRESENT: CENTRA, J.P., FAHEY, VALENTINO, WHALEN, AND DEJOSEPH, JJ.

THE ABBATOY LAW FIRM, PLLC, ROCHESTER (DAVID M. ABBATOY, JR., OF COUNSEL), FOR PETITIONER–APPELLANT.

MEMORANDUM AND ORDER

SETH B. BUCHMAN, ATTORNEY FOR THE CHILD, THREE MILE BAY.

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

Memorandum: Petitioner mother appeals from an order that dismissed her petition seeking modification of a prior custody order awarding sole custody of the subject child to respondent 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 child would be served by modifying the existing custody arrangement (see Matter of Wawrzynski v. Goodman, 100 AD3d 1559, 1559).

Frances E. Cafarell

Clerk of the Court

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