Opinion
13880N Index No. 311906/07 Case No. 2020-04940
05-20-2021
Chana RINGEL, Plaintiff-Respondent, v. Binyomin ROGOSNITZKY also known as Benny Rogosnitzky, Defendant-Appellant
J. Douglas Barics, Commack, for appellant. Koffsky Schwalb LLC, New York (Efrem Schwalb of counsel), for respondent.
J. Douglas Barics, Commack, for appellant.
Koffsky Schwalb LLC, New York (Efrem Schwalb of counsel), for respondent.
Acosta, P.J., Kapnick, Webber, Kennedy, JJ.
Order, Supreme Court, New York County (Kelly O'Neill Levy, J.), entered on or about September 30, 2020, which, to the extent appealed from as limited by the briefs, summarily denied defendant's motion to modify custody and his parenting schedule and to appoint a forensic evaluator, unanimously affirmed, without costs.
The court was not required to hold a full evidentiary hearing before deciding defendant's motion (see Matter of Antoine D. v. Kyla Monique P., 168 A.D.3d 476, 89 N.Y.S.3d 620 [1st Dept. 2019], lv denied 32 N.Y.3d 917, 2019 WL 1284650 [2019] ). The court acquired sufficient information to render an informed decision about the children's best interests during the multiple appearances on the motion, and defendant made no showing that would have affected the disposition of his motion. Defendant also failed to make a showing that modification of the 10–year–old custody order was in the children's best interests (see Matter of Yvette F. v. Corey J.G., 177 A.D.3d 549, 115 N.Y.S.3d 1 [1st Dept. 2019] ).
Defendant's remaining contentions are unavailing.