Matter of Marco B. v Marnie Ann J., 2018 NY Slip Op 08749 [167 AD3d 517]

December 20, 2018

Appellate Division, First Department

[*1]

In the Matter of Marco B., Appellant,

v

Marnie Ann J., Respondent.

Larry S. Bachner, New York, for appellant.

Marnie Ann J., respondent pro se.

Tennille M. Tatum-Evans, New York, attorney for the child.

Order, Family Court, New York County (Carol Goldstein, J.), entered on or about September 20, 2017, which, after a hearing, denied and dismissed petitioner father’s application for modification of a prior custody order, unanimously affirmed, without costs.

The record supports the court’s finding that modification of the prior custody order was not warranted on the basis of a substantial change in circumstances ( Matter of Nava v Kinsler , 85 AD3d 1186 [2d Dept 2011]). While the father had moved to a new apartment, this alone is not sufficient to meet his burden of showing changed circumstances, as required for modification of custody ( see St. Clement v Casale , 29 AD3d 367 , 368 [1st Dept 2006]). Further, it appears that the children are thriving under the present custody arrangement.

We have considered the father’s remaining arguments and find them unavailing. Concur—Richter, J.P., Manzanet-Daniels, Tom, Gesmer, Kern, JJ..