| Matter of Sorokina v Moody |
| 2012 NY Slip Op 00576 [91 AD3d 1307] |
| January 31, 2012 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, February 29, 2012 |
In the Matter of Svetlana Sorokina, Appellant, v John
Moody, 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 denied
the petitions.
It is hereby ordered that the order so appealed from is unanimously affirmed without
costs.
Memorandum: Petitioner mother appeals from an order denying her amended petition
seeking modification of prior orders of custody and visitation, as well as her petition alleging that
the father violated those orders. Contrary to the contention of the mother, we conclude that the
record supports the determination of Family Court that the mother "failed to make the requisite
evidentiary showing of a change of circumstances warranting a reexamination of the existing
custody arrangement" (Matter of Jackson v Beach, 78 AD3d 1549, 1550 [2010] [internal
quotation marks omitted]). With respect to the violation petition, we further conclude that the
record is insufficient to establish that the father wilfully violated a clear mandate of the prior
orders (see Matter of Maurice H. v Charity C., 49 AD3d 1248, 1249 [2008]). Present Smith, J.P.,
Peradotto, Lindley, Sconiers and Gorski, JJ.