Appellate Division of the Supreme Court of the State of New York June 18, 2009 (Kelly v. Krupa)

Peters, J.P.

Appeal from an order of the Supreme Court (Sherman, J.), entered June 3, 2008 in Tompkins County, which dismissed petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of custody.

Petitioner (hereinafter the father) and respondent (hereinafter the mother) are the parents of two children (born 2000 and 2001).