While the petition is styled in terms of "modification," petitioner mother actually seeks permission to relocate with the child pursuant to the terms of the initial order of custody, which provides that she will be permitted to move outside of New York City if she obtains respondent father's consent or a court order. Family Court correctly found that therefore petitioner did not have to show a change of circumstances (see Matter of Sergei P. v Sofia M.,
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MATTER OF CINDY F. v. ASWAD B.S.
176 A.D.3d 549 (2019)
113 N.Y.S.3d 12
2019 NY Slip Op 07532
In the Matter of Cindy F., Respondent, v. Aswad B.S., Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided October 22, 2019.
Decided October 22, 2019.
Attorney(s) appearing for the Case
Larry S. Bachner , New York, for respondent.
Leslie S. Lowenstein , Woodmere, attorney for the child.
Concur—Acosta, P.J., Richter, Mazzarelli, Webber, Kern, JJ.
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