| Matter of Thomas v Thomas |
| 2021 NY Slip Op 04469 |
| Decided on July 16, 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 July 16, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: PERADOTTO, J.P., LINDLEY, NEMOYER, CURRAN, AND TROUTMAN, JJ.
662 CAF 20-00896
v
GEOFFREY D. THOMAS, RESPONDENT-RESPONDENT.
THOMAS L. PELYCH, HORNELL, FOR PETITIONER-APPELLANT.
ROSEMARIE RICHARDS, GILBERTSVILLE, FOR RESPONDENT-RESPONDENT.
JOAN D. MERRY, HORNELL, ATTORNEY FOR THE CHILDREN.
Appeal from an order of the Family Court, Steuben County (Patrick F. McAllister, A.J.), entered July 7, 2020 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 is unanimously affirmed without costs.
Memorandum: In this Family Court Act article 6 proceeding, petitioner mother appeals from an order that dismissed her petition seeking to modify a prior order of custody and visitation. We reject the mother's contention that Family Court abused its discretion in dismissing the petition without conducting a hearing. "A hearing is not automatically required whenever a parent seeks modification of a custody [or visitation] order" (Matter of Di Fiore v Scott, 2 AD3d 1417, 1417 [4th Dept 2003] [internal quotation marks omitted]; see Matter of Gworek v Gworek [appeal No. 1], 158 AD3d 1304, 1304 [4th Dept 2018]). Here, we conclude that the mother failed to "make a sufficient evidentiary showing of a change in circumstances to require a hearing" (Di Fiore, 2 AD3d at 1417-1418 [internal quotation marks omitted]; see Matter of Williams v Reid, 187 AD3d 1593, 1594 [4th Dept 2020]).
Entered: July 16, 2021
Mark W. Bennett
Clerk of the Court