Matter of Moreno v Altier
2012 NY Slip Op 08315 [101 AD3d 729]
December 5, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 6, 2013


In the Matter of Richard Moreno, Appellant,
v
Ellen M. Altier, Respondent.

[*1] Rhonda R. Weir, Brooklyn, N.Y., for appellant.

Karen P. Simmons, Brooklyn, N.Y. (Tammy Linn and Janet Neustaetter of counsel), attorney for the child.

In a visitation proceeding pursuant to Family Court Act article 6, the father appeals, by permission, from an order of the Family Court, Kings County (Katz, J.), dated October 4, 2011, which granted the mother's motion for a change of venue from Kings County to Monroe County.

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

Under the circumstances of this case, the Family Court providently exercised its discretion in granting the mother's motion for a change of venue (see Family Ct Act § 174; Kassotis v Kassotis, 96 AD3d 1021, 1022 [2012]; McCarthy v McCarthy, 49 AD3d 696, 697 [2008]; Matter of Arcuri v Osuna, 41 AD3d 841, 841-842 [2007]). Skelos, J.P., Hall, Austin and Hinds-Radix, JJ., concur.