Appellate Division of the Supreme Court of the State of New York July 3, 2002 (Diana W. v. Jose X.)

Lahtinen, J.

Appeal from an order of the Family Court of Sullivan County (Meddaugh, J.), entered December 14, 2000, which, inter alia, dismissed petitioner’s application, in a proceeding pursuant to Family Court Act article 6, to modify a prior order of custody.

Petitioner and respondent are the biological parents of a son bom in December 1988.