MATTER OF FASANO v. BATTISTA

2008-10798 (Docket No. V-00293/06)

68 A.D.3d 863 (2009)

2009 NY Slip Op 9223

890 N.Y.S.2d 618

In the Matter of STEPHANIE FASANO, Appellant, v. MICHAELANGELO BATTISTA, Respondent.

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

Decided December 8, 2009.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the mother's contention, the Family Court properly dismissed, without a hearing, her petition to modify a prior order so as to award her sole custody. Where possible, custody 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...

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