| Matter of Jamal A. v Valentina V. |
| 2007 NY Slip Op 10039 [46 AD3d 389] |
| December 20, 2007 |
| Appellate Division, First Department |
| In the Matter of Jamal A., Appellant, v Valentina V.,Respondent. Valentina V., Respondent, v Jamal A., Appellant. |
—[*1] Randall S. Carmel, Syosset, for respondent. Carol Sherman, The Children's Law Center, Brooklyn (Janet Neustaetter of counsel), LawGuardian.
Order, Family Court, Bronx County (Tandra L. Dawson, J.), entered on or about November22, 2005, which denied petitioner father's application for custody of the parties' daughter and fora change in custody of their sons, unanimously affirmed, without costs. Appeal from an order,same court and Judge, entered September 30, 2005, which granted the mother's application for aprotective order directing the father to stay away from and refrain from communicating with herand the three children for two years, unanimously dismissed, without costs.
While the father alleged facts sufficient to warrant a hearing based on a change incircumstances (see David W. v Julia W., 158 AD2d 1, 6-7 [1990]), he failed, at thathearing, to substantiate the allegations with sufficient evidence to warrant a change in custody(see Matter of Isaac C. v VeronicaR., 18 AD3d 327 [2005]). The father was properly required to demonstrate a change ofcircumstances as to all three children, as the birth of the third child subsequent to the originalpetition did not defeat the court's jurisdiction ("Primavera" v "Primavera", 195 Misc 942,945 [1949]).
The order of protection is moot because the two-year period it was to be in effect has nowexpired (see Wibrowski v Wibrowski, 256 AD2d 172 [1998]). In any event, we note thatthe father consented to the entry of the order of protection in favor of the mother.Concur—Lippman, P.J., Mazzarelli, Saxe, Williams and Buckley, JJ.