Matter of Lynette v. Richard

Full title: In the Matter of LYNETTE L., Appellant, v. RICHARD K.A., Respondent

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 23, 1994

210 A.D.2d 1005 (N.Y. App. Div. 1994)

621 N.Y.S.2d 1009

Opinion

December 23, 1994

Appeal from the Ontario County Family Court, Harvey, J.

Present — Green, J.P., Balio, Fallon, Callahan and Boehm, JJ.

Order unanimously affirmed without costs. Memorandum: Family Court did not err in dismissing the petition to modify the custody order without conducting a hearing. Petitioner failed to make a sufficient evidentiary showing to warrant a hearing (see, Alessandro v Alessandro, 172 A.D.2d 1078; David W. v Julia W., 158 A.D.2d 1, 6-7).