| Matter of Ettelt v Ettelt |
| 2021 NY Slip Op 03744 |
| Decided on June 11, 2021 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on June 11, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, CURRAN, WINSLOW, AND DEJOSEPH, JJ.
545 CAF 20-00587
v
BILLIE J. ETTELT, RESPONDENT-RESPONDENT.
PETER J. DIGIORGIO, JR., UTICA, FOR PETITIONER-APPELLANT.
KACIE M. CROUSE, UTICA, ATTORNEY FOR THE CHILD.
Appeal from an order of the Family Court, Herkimer County (Anthony J. Garramone, J.H.O.), dated February 4, 2020 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition seeking to modify a prior order of custody and visitation.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this proceeding pursuant to Family Court Act article 6, petitioner father appeals from an order that dismissed his petition seeking to modify a prior order of custody and visitation. Contrary to the father's contention, we conclude that Family Court did not abuse its discretion in dismissing his petition without conducting a hearing. "A hearing is not automatically required whenever a parent seeks modification of a custody [or visitation] order" and, here, the father failed to "make a sufficient evidentiary showing of a change in circumstances to require a hearing" (Matter of Di Fiore v Scott, 2 AD3d 1417, 1417-1418 [4th Dept 2003] [internal quotation marks omitted]; see Matter of Williams v Reid, 187 AD3d 1593, 1594-1595 [4th Dept 2020]; Matter of Fowler v VanGee, 136 AD3d 1320, 1320 [4th Dept 2016]).
Entered: June 11, 2021
Mark W. Bennett
Clerk of the Court