By: Daily Record Staff//October 19, 2011
By: Daily Record Staff//October 19, 2011//
Appellate Division, Fourth Department
Change of Circumstances
Single Issue of Neglect
Grybosky v. Riordan
Appealed from Family Court, Erie County
Background: The petitioner father had commenced a proceeding seeking to modify a prior order awarding sole custody to the respondent mother. The father alleged that the mother had left their child alone in a casino hotel room for nearly three hours while the mother gambled at the casino. A hotel patron found the child crying in the hallway and alerted casino security, who then called the police. The child missed her first day of school, the mother was arrested, and Cchild Protective Services issued a report for inadequate guardianship. The family court granted the petition and awarded him sole custody with visitation with the mother.
Ruling: The Appellate Division affirmed. The court found that a single incident of misconduct or neglect, if sufficiently serious, may establish a change in circumstances warranting a review of an existing custody arrangement. There was also an appropriate finding that the father was in a better financial situation that the mother as she was unemployed, but frequented the casino.
Elizabeth Ciambrone for the respondent-appellant; Mary G. Carney for the petitioner-respondent; Jeffrey C. Mannillo, attorney for the child