Ordered that the order entered April 16, 2009, is reversed, on the law, without costs or disbursements, the motion is denied, and the matter remitted to the Family Court, Orange County, for a hearing and a determination on the petition thereafter.
"In order to modify an existing custody arrangement, there must be a showing of a subsequent change of circumstances so that modification is required to protect the best interests of the child" (Matter of Fallarino v...
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