Jurgensen v. Jurgensen

In a matrimonial action in which the parties were divorced by judgment entered October 16, 2008, the mother appeals from so much of an order of the Supreme Court, Suffolk County (Mc-Nulty, J.), dated November 30, 2009, as denied, without a hearing, that branch of her motion which was to change residential custody of the parties’ children from the father to her.

Ordered that the order is affirmed insofar as appealed from, with costs.

“[W]here parents enter into an agreement concerning custody it will not be set aside unless there is a sufficient change in circumstances since the time of the…