Appellate Division of the Supreme Court of the State of New York May 5, 2011 (Beard v. Bailor)

Egan Jr., J.

Appeal from an order of the Family Court of Chemung County (Brockway, J.), entered August 24, 2009, which, among other things, granted petitioner’s application, in two proceedings 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 unmarried parents of a daughter (born in 2003).