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MATTER OF RONNIE A. v. BARBARA J.

10007.

176 A.D.3d 446 (2019)

107 N.Y.S.3d 850

2019 NY Slip Op 07212

In the Matter of Ronnie A., Appellant, v. Barbara J., Respondent.

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

Decided October 8, 2019.

Attorney(s) appearing for the Case

Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant.

John R. Eyerman, New York, for respondent.

Carol L. Kahn, New York, attorney for the child.

Concur—Friedman, J.P., Sweeny, Richter, Mazzarelli, Webber, JJ.

The father did not meet his prima facie burden of establishing a "sufficient change of circumstances" such that the custody arrangement should be modified (Matter of Sergei P. v Sofia M., 44 A.D.3d 490, 490 [1st Dept 2007]). The sole basis alleged in the petition is that the child is not performing well academically and lacks structure in the mother's home. However, the child's most recent...

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