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CONSILIO, CARYN A. v. TERRIGINO, CHRISTOPHER
Citation: Not availableDocket: CAF 11-00869
Court: Appellate Division of the Supreme Court of the State of New York; June 8, 2012; New York; State Appellate Court
Original Court Document: View Document
The Supreme Court of the State of New York, Appellate Division, affirmed an order from the Family Court of Monroe County that denied Caryn A. Consilio's petition to modify a prior stipulated custody and visitation order. The original order allowed the mother visitation with her child on alternate Saturdays at a correctional facility where she was incarcerated. Consilio sought to modify this arrangement to allow for overnight visitation through the Family Reunion Program at the facility. The Family Court Referee determined that Consilio did not demonstrate a sufficient change in circumstances to warrant modification. However, the Referee also concluded that overnight visitation would not be in the best interests of the child, based on the evidence presented. The appellate court found no basis to overturn the Referee’s decision, as it was supported by credibility assessments and a substantial basis in the record. Additionally, any error regarding the admission of certain photographs into evidence without proper authentication was deemed harmless because the Referee did not rely on those photographs in reaching the decision to deny the petition. The appellate court's order was entered on June 8, 2012, with no costs awarded.