Appeal from an order of the Family Court of Rensselaer County (Griffin, J.), entered January 10, 2006, which dismissed petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, for modification of a prior order of custody.
Petitioner and respondent are the parents of two children born in 1996 and 1999. The parties were divorced in April 2003, and custody of the minor children ultimately was resolved by an open-court stipulation placed upon the record in December 2004 and subsequently entered as a modified visitation order in May 2005. Pursuant to the terms thereof, respondent was awarded sole legal and physical custody of the children with specified periods of visitation to petitioner. Shortly thereafter, in August 2005, petitioner commenced the instant proceeding seeking, apparently, sole physical custody of the children. Respondent answered and, among other things, moved to dismiss the petition pursuant to CPLR 3211. Family Court granted respondent’s motion, finding that petitioner failed to allege a sufficient change in circumstances to warrant an evidentiary hearing. This appeal by petitioner ensued.
We affirm. As the party seeking modification of the prior custody arrangement, petitioner bore the burden of demonstrating a sufficient change in circumstances since the parties’ prior stipulation to warrant an evidentiary hearing (see Matter of
Cardona, P.J., Mercure, Peters and Carpinello, JJ., concur. Ordered that the order is affirmed, without costs.