Matter of Walter C. v Jovanka F. (2009 NY Slip Op 00307)

Matter of Walter C. v Jovanka F.

2009 NY Slip Op 00307 [58 AD3d 537]

January 22, 2009

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 11, 2009

In the Matter of Walter C., Respondent,
v
Jovanka F., Appellant.

—[*1] Dora M. Lassinger, East Rockaway, for appellant.

Anne Reiniger, New York, for respondent.

Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), Law Guardian.

Order, Family Court, Bronx County (Sue Levy, Ref.), entered on or about April 27, 2006, which, after a hearing, denied the mother's application for a modification of an order of custody of the parties' daughter, unanimously affirmed, without costs.

Although the mother presented evidence of her own personal progress since the father was granted custody, she failed to demonstrate that the totality of the circumstances warranted a change in custody in the best interests of the child (see Friederwitzer v Friederwitzer, 55 NY2d 89, 96 [1982]). Concur—Tom, J.P., Andrias, Nardelli, Catterson and Moskowitz, JJ.