Opinion
11162 Dkt. G-24335-15/17B
03-03-2020
In re CHRISTINE T., Petitioner-Appellant, v. LASHANNA J., Respondent-Respondent.
Law Office of Lewis S. Calderon, Jamaica (Lewis S. Calderon of counsel), for appellant. Diaz & Moskowitz, PLLC, New York (Hani Moskowitz of counsel), for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Kimberly Schertz of counsel), attorney for the children.
Law Office of Lewis S. Calderon, Jamaica (Lewis S. Calderon of counsel), for appellant.
Diaz & Moskowitz, PLLC, New York (Hani Moskowitz of counsel), for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Kimberly Schertz of counsel), attorney for the children.
Renwick, J.P., Gische, Kern, Singh, JJ.
Order, Family Court, Bronx County (Valerie Pels, J.), entered on or about December 10, 2018, which, after a hearing, denied the petition to modify a prior order of guardianship placing the subject children with respondent, unanimously affirmed, without costs.
Petitioner failed to make the required evidentiary showing of changed circumstances to warrant modifying the order of guardianship (see Matter of Brandy P. v. Pauline W. , 169 A.D.3d 577, 92 N.Y.S.3d 879 [1st Dept. 2019] ). Petitioner's arguments regarding safety concerns for the children in respondent's care were unsubstantiated and did not support a conclusion that respondent was unable to meet the children's needs. Nor has the mother demonstrated that she has addressed the issues that led to the children's placement in the first instance ( id. ).