IN RE: S.R. (2026)

Order, Family Court, Bronx County (Lisa A. Daley, J.), entered on or about November 19, 2025, which granted respondent father's application to dismiss petitioner mother's petition seeking modification of a final order of custody entered on or about November 6, 2023, to the extent of dismissing the petition without prejudice, unanimously affirmed, without costs.

There is a sound and substantial basis in the record to support Family Court's dismissal of the petition, as the mother's testimony failed to show a material change in circumstances warranting modification of the November 6, 2023, custody order (see Matter of Keidy A.R. v. Timothy L.L., 233 AD3d 630, 630–631 [1st Dept 2024] ).  The mother's testimony, which primarily focused on the fact that she had obtained a two-bedroom apartment and grown closer to the subject children since the issuance of the prior custody order, which awarded physical custody to the father, with parenting time for the mother, did not establish a material change of circumstances requiring a modification to protect the continued best interests of the children (see id.;  Whitter v. Ramroop, 93 AD3d 604, 604 [1st Dept 2012] ).  The mother was not automatically entitled to a best interest hearing, as she failed to make an evidentiary showing sufficient to warrant it (see Matter of Ronald S. v. Deirdre R., 62 AD3d 593, 594 [1st Dept 2009] ).