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MATTER OF DeSIMONE v. DELANO

2011-04646.

94 A.D.3d 759 (2012)

941 N.Y.S.2d 267

2012 NY Slip Op 2492

In the Matter of JOSEPH DeSIMONE, Respondent, v. MARY ANN DELANO, Appellant.

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

Decided April 3, 2012.

Ordered that the order dated April 26, 2010, is affirmed insofar as appealed from, without costs or disbursements.

Modification of an existing custody or visitation order is permissible only upon a showing that there has been a change in circumstances such that modification is necessary to ensure the best interests of the children (see Family Ct Act § 467 [b]; Matter of Wilson v McGlinchey, 2 N.Y.3d 375, 380 ...

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