Opinion
2018–13221 Docket No. V–02223–15/18C
12-18-2019
In the Matter of James O'DONNELL, Appellant, v. Elaine FISHER, Respondent.
Rhea G. Friedman, New York, NY, for appellant. Larry S. Bachner, New York, NY, for respondent. David L. Moreno, Staten Island, NY, attorney for the child.
Rhea G. Friedman, New York, NY, for appellant.
Larry S. Bachner, New York, NY, for respondent.
David L. Moreno, Staten Island, NY, attorney for the child.
LEONARD B. AUSTIN, J.P. ROBERT J. MILLER, JOSEPH J. MALTESE, BETSY BARROS, JJ.
DECISION & ORDER In a proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Richmond County (Peter F. DeLizzo, J.), dated November 1, 2018. The order, without a hearing, in effect, granted the mother's motion to dismiss the father's petition to modify a prior order of parental access of the same court dated April 11, 2018.
ORDERED that the order is affirmed, without costs or disbursements.
An order awarding parental access "may be modified upon a showing of a sufficient change in circumstances since the entry of the prior order such that modification is warranted to further the children's best interests" ( Matter of Madden v. Ruskiewicz, 117 A.D.3d 827, 828, 985 N.Y.S.2d 704 ; see Family Ct Act § 652 ). The Family Court providently exercised its discretion by, in effect, granting the mother's motion to dismiss, without a hearing, the father's petition to modify a prior order dated April 11, 2018, entered on consent, granting him supervised parental access with the parties' child. The facts alleged in the petition were insufficient to meet the threshold evidentiary showing of a change in circumstances sufficient to warrant a hearing (see Matter of Newton v. McFarlane , 174 AD3d 67, 103 N.Y.S.3d 445 ; Matter of Perez v. Richmond , 148 A.D.3d 904, 905, 48 N.Y.S.3d 611 ; Matter of Scott v. Powell , 146 A.D.3d 964, 45 N.Y.S.3d 557 ).
AUSTIN, J.P., MILLER, MALTESE and BARROS, JJ., concur.