Matter of Peralta v Zhune
2010 NY Slip Op 03130 [72 AD3d 828]
April 13, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 9, 2010


In the Matter of Klever Peralta, Respondent,
v
Gloria Zhune, Appellant.

—[*1] Kelton & Teichner, Kew Gardens, N.Y. (Howard R. Teichner of counsel), for appellant.

Steven Flaumenhaft, West Sayville, N.Y., for respondent.

Glenn Gucciardo, Northport, N.Y., attorney for the child.

In a custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Suffolk County (Burke, Ct. Atty. Ref.), dated June 23, 2009, which, after a fact-finding hearing, granted the father's petition to modify custody so as to award the father sole legal custody of the subject child.

Ordered that the order is affirmed, without costs or disbursements.

Under the circumstances of this case, the Supreme Court properly awarded the father sole legal custody of the subject child. Covello, J.P., Florio, Miller and Eng, JJ., concur.