| Matter of Thompson v Thompson |
| 2015 NY Slip Op 00108 [124 AD3d 1354] |
| January 2, 2015 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Wanda R. Thompson, Appellant, v Ward A. Thompson, Respondent. |
The Abbatoy Law Firm, PLLC, Rochester (David M. Abbatoy, Jr., of counsel), for petitioner-appellant.
Seth B. Buchman, Attorney for the Child, Three Mile Bay.
Appeal from an order of the Family Court, Jefferson County (Peter A. Schwerzmann, A.J.), entered May 7, 2013 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition.
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 [2012]). Present—Centra, J.P., Fahey, Valentino, Whalen and DeJoseph, JJ.