Matter of Sorokina v Moody

2012 NY Slip Op 00576 [91 AD3d 1307]

Jnury 31, 2012

Appellate Division, Fourth Department

As corrected through Wednesday, February 29, 2012

In the Matter of Svetlana Sorokina, Appellant, v JohnMoody, Respondent.

Thomas N. Martin, Rochester, for petitioner-appellant.Lionel Lee Hector, Watertown, for respondent-respondent.Ruthanne G. Sanchez, Attorney for the Child, Watertown, for Nickolai M. Appeal from an order of the Family Court, Jefferson County (Kim H. Martusewicz, A.J.),entered April 20, 2010 in a proceeding pursuant to Family Court Act article 6. The order deniedthe petitions. It is hereby ordered that the order so appealed from is unanimously affirmed withoutcosts. Memorandum: Petitioner mother appeals from an order denying her amended petitionseeking modification of prior orders of custody and visitation, as well as her petition alleging thatthe father violated those orders. Contrary to the contention of the mother, we conclude that therecord supports the determination of Family Court that the mother "failed to make the requisiteevidentiary showing of a change of circumstances warranting a reexamination of the existingcustody arrangement" (Matter of Jackson v Beach, 78 AD3d 1549, 1550 [2010] [internalquotation marks omitted]). With respect to the violation petition, we further conclude that therecord is insufficient to establish that the father wilfully violated a clear mandate of the priororders (see Matter of Maurice H. v Charity C., 49 AD3d 1248, 1249 [2008]). Present Smith, J.P.,Peradotto, Lindley, Sconiers and Gorski, JJ.