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IN THE MATTER OF SIMMONS v. BUDNEY

5 A.D.3d 389 (2004)

772 N.Y.S.2d 543

In the Matter of DARLENE SIMMONS, Appellant, v. ANDREW BUDNEY, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 1, 2004.

Ordered that the order is affirmed, without costs or disbursements.

Custody of a child should be established on a long-term basis, "at least so long as the custodial parent has not been shown to be unfit, or perhaps less fit, to continue as the proper custodian" (Obey v Degling, 37 N.Y.2d 768, 770 [1975]). A noncustodial parent seeking a change of custody is not entitled to a hearing...

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