| Gallagher v Dalton |
| 2007 NY Slip Op 10097 [46 AD3d 746] |
| December 18, 2007 |
| Appellate Division, Second Department |
| Donna Gallagher, Respondent, v William Dalton,Appellant. |
—[*1] Marino & Bernstein, P.C., Oyster Bay, N.Y. (Anthony DeCarolis of counsel), forrespondent.
In a matrimonial action in which the parties were divorced by judgment entered May 11,2006, the defendant appeals, as limited by his brief, from so much of an order of the SupremeCourt, Queens County (Golia, J.), dated August 23, 2006, as, after a hearing, denied thosebranches of his motion which were to modify the visitation provisions set forth in a separationagreement dated December 8, 2003, which was incorporated into but not merged with thejudgment of divorce, and to enjoin the plaintiff from, inter alia, taking the parties' child to visither brother.
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant failed to demonstrate that, since the parties entered into the separationagreement, there was a change of circumstances warranting a modification of that agreement'svisitation provisions (see Messinger vMessinger, 16 AD3d 562, 563 [2005]; Giurco v Giurco, 281 AD2d 458, 459[2001]). Accordingly, the court correctly denied that branch of the defendant's motion which wasto modify those provisions.
The defendant's remaining contentions are without merit. Spolzino, J.P., Krausman, Carniand Dickerson, JJ., concur.