Jones v. Tarnawa

Appeal from an order of the Family Court, Herkimer County *871(Henry A. LaRaia, J.), entered April 1, 2004 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition.

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

Memorandum: Petitioner commenced this proceeding seeking to modify a prior custody order by awarding her primary custody of the parties’ children, thereby permitting the children to relocate with her from Herkimer County to Indiana. Family Court properly determined that petitioner failed to…