*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 470
CAF 13-01932
PRESENT: SMITH, J.P., CARNI, LINDLEY, SCONIERS, AND DEJOSEPH, JJ. IN THE MATTER OF CANDIE A. FOSTER, PETITIONER-APPELLANT,
V MEMORANDUM AND ORDER ANDREW J. FOSTER, RESPONDENT-RESPONDENT.
PAUL M. DEEP, UTICA, FOR PETITIONER-APPELLANT.
COHEN & COHEN LLP, UTICA (RICHARD A. COHEN OF COUNSEL), FOR RESPONDENT-RESPONDENT.
JOHN J. RASPANTE, ATTORNEY FOR THE CHILD, UTICA. Appeal from an order of the Family Court, Oneida County (Randal B. Caldwell, J.), entered October 11, 2013 in a proceeding pursuant to Family Court Act article 6. The order denied the petition.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Petitioner mother appeals from an order denying her petition, following a hearing, seeking to modify a prior custody order that, inter alia, granted primary physical custody of the subject child to respondent father. “A party seeking a change in an established custody arrangement must show a change in circumstances [that] reflects a real need for change to ensure the best interest[s] of the child” ( Matter of Gross v Gross , 119 AD3d 1453, 1453 [internal quotation marks omitted]). Contrary to the mother’s contention, we conclude that Family Court’s determination that she failed to meet that burden has a sound and substantial basis in the record ( see Matter of Rauch v Keller , 77 AD3d 1409, 1410).
Entered: May 1, 2015 Frances E. Cafarell
Clerk of the Court