Appellate Division of the Supreme Court of the State of New York October 25, 2011 (Fleischman v. Hall)

“ ‘[0]nce the preferred status of the birth parent . . . has been lost by a judicial determination of extraordinary circumstances, the appropriate standard in addressing the possible modification of the prior order is whether there has been a change of circumstances requiring a modification of custody to ensure the best interests of the child’ ” (Matter of Metcalf v Odums, 35 AD3d 865, 866