| Matter of Flamio v Flower |
| 2007 NY Slip Op 10432 [46 AD3d 1265] |
| December 27, 2007 |
| Appellate Division, Third Department |
| In the Matter of Constantine Flamio, Appellant, v Emilie Flower,Respondent. |
—[*1] Cynthia Feathers, Law Guardian, Albany.
Kane, J. Appeal from an order of the Family Court of Clinton County (Lawliss, J.), enteredDecember 12, 2006, which dismissed petitioner's application, in a proceeding pursuant to FamilyCt Act article 6, to modify a prior order of custody.
The parties, parents of one child (born in 1990), have filed more than 20 custody or visitationpetitions since 2004. In a January 2006 order, issued after a hearing, Family Court grantedrespondent sole legal and physical custody and specifically stated that she was not required topermit any visitation between petitioner and the child. Petitioner did not appeal from that order.In August 2006, petitioner commenced this modification proceeding seeking access to the child'sschool and medical records. Following a hearing, the court dismissed the petition, promptingpetitioner's appeal.
We affirm. At the time of the hearing, the child was 16 years old, was not in counseling, hadno contact with petitioner for almost a year and did not want petitioner to have access to herrecords. Family Court found, based on the record, that given petitioner's vexatious nature andirrationality, it would not be in the best interests of the child for petitioner to have access to hermedical or educational records (see Matter of Nicole VV., 296 AD2d 608, 612-613[2002], lv denied 98 NY2d 616 [2002]; see also Matter of Rosario WW. v EllenWW., 309 AD2d 984, 986 [2003]).
Mercure, J.P., Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the order is affirmed,without costs.