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IN RE PAUL P., pet-res, v. TONISHA J., res-res

3617. IN RE PAUL P., pet-res, v. TONISHA J., res-res — Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), for ap — Daniel R. Katz, New York, for res — KENNETH M. TUCCILLO, HASTINGS ON HUDSON, ATTORNEY FOR THE CHILD.—Order, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about January 15, 2016, which, after a hearing, denied respondent mother's request for custody, and granted petitioner father's petition for modification of visitation to the extent of, among other things, modifying the mother's visitation to one day a week, unanimously affirmed, without costs.

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3617. IN RE PAUL P., pet-res, v. TONISHA J., res-res — Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), for ap — Daniel R. Katz, New York, for res — KENNETH M. TUCCILLO, HASTINGS ON HUDSON, ATTORNEY FOR THE CHILD.—Order, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about January 15, 2016, which, after a hearing, denied respondent mother’s request for custody, and granted petitioner father’s petition for modification of visitation to the extent of, among other things, modifying the mother’s visitation to one day a week, unanimously affirmed, without costs.

The mother’s unsubstantiated claim that she completed drug treatment and received therapy for her depression was not a substantial change in circumstances to warrant a change in custody from the father to the mother (Family Ct Act §652[b][ii]; Matter of Leonard F. v. Jolanta J., 162 AD2d 215, 216 [1st Dept 1990]). Nor was there any evidence that the father was an unfit father or that continued custody with him was not in the best interest of the parties’ child (see Matter of Isaac C. v. Veronica R., 18 AD3d 327 [1st Dept 2005]).

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