Weng v. Gao

183 N.Y.S.3d 858 (Mem)

In the Matter of Ya Yun WENG, appellant,

v.Zhi GAO, respondent.

2022–01351

Docket Nos. V–2418–17/19A, V–2419–17/19A

Supreme Court, Appellate Division, Second Department, New York.

Submitted—January 26, 2023

March 22, 2023

Cheryl Charles–Duval, Brooklyn, NY, for appellant.

Elliot Green, Brooklyn, NY, for respondent.

Twyla Carter, New York, NY (Dawne A. Mitchell and John A. Newbery of counsel), attorney for the children.

BETSY BARROS, J.P., CHERYL E. CHAMBERS, JOSEPH J. MALTESE, DEBORAH A. DOWLING, JJ.

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Kings County (Caroline P. Cohen, J.), dated January 28, 2020. The order, upon a decision of the same court dated January 26, 2020, made after a hearing, denied the mother's petition to modify two orders of the same court (Ilana Gruebel, J.) dated February 15, 2017, and May 3, 2017, respectively, so as to award her parental access with the parties' children, and dismissed the proceeding.

ORDERED that the order dated January 28, 2020, is affirmed, without costs or disbursements.

"Modification of an existing custody arrangement is permissible only upon a showing that there has been a change in circumstances such that a modification is necessary to ensure the continued best interests and welfare of the child" ( Matter of Randall v. Diaz, 208 A.D.3d 1330, 1331, 174 N.Y.S.3d 605 [internal quotation marks omitted]). "In determining whether such a change has occurred, the court should consider the totality of the circumstances" ( Matter of Moore v. Gonzalez, 134 A.D.3d 718, 719, 21 N.Y.S.3d 292 ). Here, the Family Court's determination that the mother failed to show that there was a change in circumstances warranting a...