Daniels v. Daniels

Appeal from an order of Family Court, Erie County (Townsend, J.), entered March 7, 2002, which dismissed the petition seeking a change in custody.

*1175It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Family Court properly dismissed the petition seeking a change in custody at the close of petitioner’s case. Even accepting as true petitioner’s proof, affording petitioner every favorable inference to be drawn therefrom and resolving questions of credibility in his favor (see Matter of Le Blanc v Morrison, 288 AD2d 768, 770…