Gangi v. Sanfratello, 2016–09698
| Decision Date | 10 January 2018 |
| Docket Number | Docket No. V–10465–15,2016–09698 |
| Parties | In the Matter of Thomas Russel GANGI, respondent, v. Ginamarie SANFRATELLO, appellant. |
| Court | New York Supreme Court — Appellate Division |
157 A.D.3d 677
66 N.Y.S.3d 622 (Mem)
In the Matter of Thomas Russel GANGI, respondent,
v.
Ginamarie SANFRATELLO, appellant.
2016–09698
Docket No. V–10465–15
Supreme Court, Appellate Division, Second Department, New York.
Submitted—December 7, 2017
January 10, 2018
Amy E. King, Amagansett, NY, for appellant.
Kevin G. McClancy, Central Islip, NY, for respondent.
Jordan Freundlich, Lake Success, NY, attorney for the child.
REINALDO E. RIVERA, J.P., LEONARD B. AUSTIN, FRANCESCA E. CONNOLLY, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal from an order of the Family Court, Suffolk County (George F. Harkin, J.), dated August 22, 2016. The order, insofar as appealed from, granted the father's petition to modify an order of custody of that court dated June 2, 2014, entered on consent, so as to award him sole legal and physical custody of the parties' child.
ORDERED that the order dated August 22, 2016, is affirmed insofar as appealed from, without costs or disbursements.
In 2014, the parties entered into an order of custody on consent in which they agreed to share legal custody of their child, with primary residential custody to the mother. In 2015, the father filed a petition to modify the order so as to award him sole legal and physical custody of the child. After a hearing, and after conducting an in camera interview with the child, the Family Court granted the father's petition. The mother appeals.
Where modification of an existing custody arrangement is sought, the petitioner must make a showing that there has been a change in circumstances such that modification is necessary to protect the best interests of the child (see Matter of Harrison v. McClellan, 151 A.D.3d 723, 723, 53 N.Y.S.3d 548; Matter of Scott v. Powell, 146 A.D.3d 964, 965, 45 N.Y.S.3d 557; Matter of Zall v. Theiss, 144 A.D.3d 831, 832, 40 N.Y.S.3d 555). The best interests of the child are determined by a review of the totality of the circumstances (see Eschbach v....
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