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IN RE: JAMES M., Petitioner-Respondent, v. ROSANA R., Respondent-Appellant.

Decided: January 12, 2010

SAXE, J.P., CATTERSON, MOSKOWITZ, DeGRASSE, ABDUS-SALAAM, JJ. Howard M. Simms, New York, for appellant. Hal Silverman, Lawyers for Children, Inc., New York (Beverly A. Farrell of counsel), Law Guardian.

Order, Family Court, New York County (Elizabeth Barnett, Referee), entered on or about July 17, 2008, which, to the extent appealed, denied the mother's requested modification of a prior order of visitation entered on or about September 9, 2005, same court (Patricia E. Henry, J.), unanimously affirmed, without costs.

Family Court properly denied the mother's request to extend her visitation further, to direct that a cell phone be given to her 11-year-old daughter, and to direct that she have “meaningful input” on non-emergency decisions. The mother failed to demonstrate a change in circumstances, which would have warranted modification of the September 9, 2005 order of visitation (see Matter of Alexander v. Alexander, 62 AD3d 866 [2009] ). Given the modifications made by Family Court to the existing schedule based on the parties' agreement, there is no reason to conclude that further changes are needed to protect the child's best interests (see Eschbach v. Eschbach, 56 N.Y.2d 167, 171 [1982] ).

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