Opinion
545 CAF 20-00587
06-11-2021
In the Matter of Gregory D. ETTELT, Petitioner-Appellant, v. Billie J. ETTELT, Respondent-Respondent.
PETER J. DIGIORGIO, JR., UTICA, FOR PETITIONER-APPELLANT. KACIE M. CROUSE, UTICA, ATTORNEY FOR THE CHILD.
PETER J. DIGIORGIO, JR., UTICA, FOR PETITIONER-APPELLANT.
KACIE M. CROUSE, UTICA, ATTORNEY FOR THE CHILD.
PRESENT: CENTRA, J.P., PERADOTTO, CURRAN, WINSLOW, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER
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 A.D.3d 1417, 1417-1418, 770 N.Y.S.2d 248 [4th Dept. 2003] [internal quotation marks omitted]; see Matter of Williams v. Reid , 187 A.D.3d 1593, 1594-1595, 133 N.Y.S.3d 152 [4th Dept. 2020] ; Matter of Fowler v. VanGee , 136 A.D.3d 1320, 1320, 24 N.Y.S.3d 564 [4th Dept. 2016] ).