| Matter of Sergei P. v Sofia M. |
| 2007 NY Slip Op 07880 [44 AD3d 490] |
| October 18, 2007 |
| Appellate Division, First Department |
| In the Matter of Sergei P., Appellant, v Sofia M.,Respondent. |
—[*1] Graubard Miller, New York City (C. Daniel Chill of counsel), for respondent. Colleen Samuels, New York City, Law Guardian.
Order, Family Court, New York County (Karen I. Lupuloff, J.), entered on or about October24, 2006, which, without a hearing, dismissed the petition for change of custody, unanimouslyaffirmed, without costs.
A parent seeking a change of custody is not automatically entitled to a hearing (Matter ofCoutsoukis v Samora, 265 AD2d 482 [1999]). Where parents enter into a formal custodyagreement, it will not be set aside without a showing of a sufficient change in circumstancessince the time of the stipulation, and unless the proposed modification is shown to be in the bestinterests of the child (Smoczkiewicz vSmoczkiewicz, 2 AD3d 705 [2003]). Furthermore, no court will modify such an order ofcustody granted on stipulation, absent such showings (see Matter of Watts v Watts, 290AD2d 822, 823-824 [2002], lv denied 97 NY2d 614 [2002]; Family Ct Act § 467[b]). Here, in settlement of a prior enforcement proceeding, the parties entered into a stipulationon May 16, 2005, reinstated on May 16, 2006, in which petitioner agreed that custody wouldremain with respondent. Petitioner has not alleged a sufficient change of circumstances since thattime to warrant a hearing on a change of custody. The court correctly stated that it wouldconsider future applications for a change of custody if the alleged conduct by respondent wasfound to continue. Concur—Nardelli, J.P., Gonzalez, Sweeny, McGuire and Kavanagh, JJ.