Matter of Faltings v Faltings
2006 NY Slip Op 09240
Decided on December 5, 2006
Appellate Division, Second Department
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on December 5, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
PETER B. SKELOS
JOSEPH COVELLO, JJ.

2005-11574
(Docket Nos. V-02444/01, V-02445/01, V-02446/01, V-02447/01)

[*1]In the Matter of Mary Faltings, appellant

v

Erik Faltings, respondent.





Jeffrey S. Schecter & Associates, P.C., Garden City, N.Y.
(Bryce Levine of counsel), for appellant.
Reynolds, Caronia, Gianelli, Hagney, LaPinta & Hargraves,
LLP, Hauppauge, N.Y. (James F.
Hagney of counsel), for respondent.
Jeannie R. Burton, Ronkonkoma, N.Y., Law Guardian for the
children.


DECISION & ORDER

In related child custody and visitation proceedings pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Suffolk County (MacKenzie, J.), dated November 3, 2005, which, inter alia, denied her petition for visitation.

ORDERED that the order is affirmed, with costs.

The mother failed to establish changed circumstances sufficient to warrant modifying a custody order dated May 2, 2002, entered upon the parties' stipulation, which awarded the father sole custody of the parties' four children and effectively denied her visitation. Based on the record before it, the Family Court providently exercised its discretion in denying the mother's petition for visitation (see Family Ct Act § 652[b][ii]; see also Friederwitzer v Friederwitzer, 55 NY2d 89, 95; Messinger v Messinger, 16 AD3d 562, 563; Manos v Manos, 282 AD2d 749).
SCHMIDT, J.P., ADAMS, SKELOS and COVELLO, JJ., concur.[*2]

ENTER:

James Edward Pelzer

Clerk of the Court


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.