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MATTER OF McIVER-HEYWARD v. HEYWARD

43 A.D.3d 823 (2007)

840 N.Y.S.2d 878

In the Matter of LESLIE L. McIVER-HEYWARD, Appellant, v. RICHARD HEYWARD, Respondent.

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

Decided September 4, 2007.

Ordered that the order is reversed, on the law and the facts, without costs or disbursements, the petition is denied, and the proceeding is dismissed.

The Family Court erred in granting the father's petition to modify the order dated December 29, 2004. The father failed to demonstrate that there had been a change in circumstances that necessitated modification of the order to ensure the best interests of the child (see Matter of Joseph F v Patricia F.,

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