Greene v. Kranock

• Decision Date: 27 April 2018
• Docket Number: 535,CAF 17–00120
• Citation: 74 N.Y.S.3d 826,160 A.D.3d 1476
• Parties: In the Matter of John F. GREENE, IV, Petitioner–Respondent, v. Brooke D. KRANOCK, Respondent–Appellant.
• Court: New York Supreme Court — Appellate Division

160 A.D.3d 1476
74 N.Y.S.3d 826

In the Matter of John F. GREENE, IV, Petitioner–Respondent,
v.
Brooke D. KRANOCK, Respondent–Appellant.

535
CAF 17–00120

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

Entered: April 27, 2018

JOSEPH P. MILLER, CUBA, FOR RESPONDENT–APPELLANT.

MARK A. FOTI, ROCHESTER, FOR PETITIONER–RESPONDENT.

CAROLYN R. KELLOGG, WELLSVILLE, ATTORNEY FOR THE CHILD.

PRESENT: SMITH, J.P., CARNI, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.

MEMORANDUM AND ORDER

Memorandum:

74 N.Y.S.3d 827

In this proceeding pursuant to Family Court Act article 6, respondent mother appeals from an order that, inter alia, granted the petition of petitioner father seeking to modify the existing custody order by awarding him primary physical placement of the subject child. Contrary to the mother's contention, the father met his burden of establishing a change in circumstances sufficient to warrant an inquiry into whether a modification of the custody arrangement is in the best interests of the child (see generally Matter of Peay v. Peay , 156 A.D.3d 1358, 1360, 67 N.Y.S.3d 751 [4th Dept. 2017] ). Although Family Court did not make an express finding of a change in circumstances, "we have the authority to ‘review the record to ascertain whether the requisite change in circumstances existed’ " ( Matter of Allen v. Boswell , 149 A.D.3d 1528, 1528, 53 N.Y.S.3d 432 [4th Dept. 2017], lv denied 30 N.Y.3d 902, 67 N.Y.S.3d 127, 89 N.E.3d 517 [2017] ). We conclude that there was a change in circumstances based on the undisputed evidence at the hearing of domestic violence in the mother's household (see id. at 1528–1529, 53 N.Y.S.3d 432 ; Matter of Belcher v. Morgado , 147 A.D.3d 1335, 1336, 46 N.Y.S.3d 737 [4th Dept. 2017] ), the mother's frequent changes of residence (see Matter of Siler v. Wright , 64 A.D.3d 926, 928–929, 882 N.Y.S.2d 574 [3d Dept. 2009] ; Matter of Green v. Perry , 18 A.D.3d 923, 924, 794 N.Y.S.2d 495 [3d Dept. 2005] ), and the child's repeated changes of school (see Matter of Stanton v. Kelso , 148 A.D.3d 1809, 1810, 50 N.Y.S.3d 785 [4th Dept....