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MATTER OF JURGITA C. v. MANUEL O.

9941.

176 A.D.3d 402 (2019)

111 N.Y.S.3d 20

2019 NY Slip Op 07007

In the Matter of Jurgita C., Respondent, v. Manuel O., Appellant. Manuel O., Appellant, v. Jurgita C., Respondent.

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

Decided October 1, 2019.

Attorney(s) appearing for the Case

Larry S. Bachner, New York, for appellant.

Zeitlin & Zeitlin, P.C., Brooklyn (David Zeitlin of counsel), for respondent.

Concur—Richter, J.P., Gische, Kapnick, Kern, Moulton, JJ.

The Family Court properly determined that the mother established a substantial change in circumstances in that the child was no longer cared for by a relative and was enrolled in a daycare program, with additional care provided by a babysitter (see Matter of Scarduzio v Ryan, 86 A.D.3d 573, 574 [2d Dept 2011]). Contrary to the father's contention, the fact that the mother was able to cover...

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