IN RE: STEVEN MORALES

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Supreme Court, Appellate Division, Fourth Department.

IN RE: STEVEN MORALES, PETITIONER–RESPONDENT, v. SARAH MORALES, RESPONDENT–APPELLANT.

CAF 16–00880

Decided: September 29, 2017

PRESENT:  CENTRA, J.P., CARNI, LINDLEY, TROUTMAN, AND WINSLOW, JJ. LAW OFFICE OF PETER VASILION, ESQ., WILLIAMSVILLE (PETER P. VASILION OF COUNSEL), FOR RESPONDENT–APPELLANT. JENNIFER M. LORENZ, ORCHARD PARK, FOR PETITIONER–RESPONDENT.

MEMORANDUM AND ORDER

JOSEPH C. BANIA, ATTORNEY FOR THE CHILD, BUFFALO.

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

Memorandum:  Respondent mother appeals from an order that modified a prior order of custody by granting petitioner father sole custody of the subject child and requiring the mother's visitation to be supervised.  We affirm for reasons stated in the decision at Family Court.  We add only that, contrary to the mother's contention, the court was authorized to modify the prior custody order inasmuch as the father moved for such relief by order to show cause (see Family Ct Act § 651[b];  cf.  Matter of Kieffer v. DeFrain, 147 AD3d 1539, 1540, lv denied 29 NY3d 910;  Matter of Majuk v. Carbone, 129 AD3d 1485, 1485–1486).

Mark W. Bennett

Clerk of the Court