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IN THE MATTER OF TROTTI v. BROOME COUNTY DEPARTMENT OF SOCIAL SERVICES

19 A.D.3d 782 (2005)

796 N.Y.S.2d 458

In the Matter of JOSEPH D. TROTTI, SR., Appellant, v. BROOME COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent.

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

June 9, 2005.

Spain, J.

Petitioner sought to modify a prior order of visitation which, apparently,* afforded him limited visitation with his grand-daughter, who was in foster care under a permanency plan for adoption. Family Court dismissed the petition without a hearing, prompting this appeal.

Under settled law, a visitation order may be modified only "upon a showing that there has been a subsequent change of circumstances and modification...

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