Appellate Division of the Supreme Court of the State of New York January 6, 2011 (Valenson v. Kenyon)

Garry, J.

Appeal from an order of the Family Court of Saratoga County (Hall, J.), entered December 5, 2008, which partially 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 Jolene Kenyon (hereinafter the mother) are the parents of one child, born in 1994.