Matter of Cowell v Pembrock |
2014 NY Slip Op 00040 [113 AD3d 1118] |
January 3, 2014 |
Appellate Division, Fourth Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
In the Matter of Michele Cowell,
Appellant, v Robert Pembrock, Respondent. |
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Venzon Law Firm PC, Buffalo (Catharine M. Venzon of counsel), for respondent-respondent.
Dominic Paul Candino, Attorney for the Child, Buffalo.
Appeal from an order of the Family Court, Erie County (Margaret O. Szczur, J.), entered May 14, 2012 in a proceeding pursuant to Family Court Act article 6. The order, among other things, dismissed the petition seeking to modify a prior order that awarded custody of the subject child to respondent.
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 [2010], lv denied 16 NY3d 704 [2011]), 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 [2010], lv denied 15 NY3d 710 [2010]). Present—Smith, J.P., Fahey, Lindley, Sconiers and Whalen, JJ.