| Matter of DeSimone v Delano |
| 2012 NY Slip Op 02492 [94 AD3d 759] |
| April 3, 2012 |
| Appellate Division, Second Department |
| In the Matter of Joseph DeSimone, Respondent , v MaryAnn Delano, Appellant. |
—[*1] Ronna L. DeLoe, New Rochelle, N.Y., attorney for the children.
In a proceeding pursuant to Family Court Act article 6, the mother appeals, as limited by herbrief, from so much of an order of the Family Court, Orange County (Klein, J.), dated April 26,2010, as granted the father's petition to modify the visitation provisions of an order of custodyand visitation of the same court dated February 11, 2002, to the extent of limiting the children'svisitation with the mother to every other Saturday, from 10:00 a.m. to 6:00 p.m., and dinner visitson Friday evenings on the alternate weeks that she does not have Saturday visitation.
Ordered that the order dated April 26, 2010, is affirmed insofar as appealed from, withoutcosts or disbursements.
Modification of an existing custody or visitation order is permissible only upon a showingthat there has been a change in circumstances such that modification is necessary to ensure thebest interests of the children (see Family Ct Act § 467 [b]; Matter of Wilson vMcGlinchey, 2 NY3d 375, 380 [2004]; Friederwitzer v Friederwitzer, 55 NY2d 89,95 [1982]). The determination of visitation issues is entrusted to the sound discretion of theFamily Court, and its determination will not be disturbed unless it lacks a sound and substantialbasis in the record (see Matter of Indig vIndig, 90 AD3d 1050 [2011]).
Here, the Family Court's determination that a change in circumstances warrantedmodification of the existing order of custody and visitation to the extent of limiting the children'svisitation with the mother to every other Saturday, from 10:00 a.m. to 6:00 p.m., and dinner visitson Friday evenings on the alternate weeks that she does not have Saturday visitation, had a soundand substantial basis in the record. Skelos, J.P., Belen, Lott and Miller, JJ., concur.