Opinion
8061
01-10-2019
In re ANTOINE D., Petitioner–Appellant, v. KYLA MONIQUE P., Respondent–Respondent.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant. Kenneth M. Tuccillo, Hastings on Hudson, for respondent.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant.
Kenneth M. Tuccillo, Hastings on Hudson, for respondent.
Friedman, J.P., Gische, Oing, Singh, Moulton, JJ.
The Children's Law Center, Brooklyn (Janet Neustaetter of counsel), attorney for the children.
Order, Family Court, Bronx County (Jennifer S. Burtt, Referee), entered on or about May 1, 2018, which summarily dismissed, with prejudice, the father's petition to modify a final order of custody and visitation awarding respondent mother sole custody of the subject child, unanimously affirmed, without costs.
Contrary to the father's contention, the court properly determined that a full evidentiary hearing was not necessary because it possessed sufficient information to render an informed decision on the child's best interests and because he made no offer of proof that would have affected the outcome (see Matter of Tony R. v. Stephanie D., 146 A.D.3d 691, 45 N.Y.S.3d 463 [1st Dept. 2017] ; Matter of Fayona C. v. Christopher T., 103 A.D.3d 424, 959 N.Y.S.2d 183 [1st Dept. 2013] ; compare S.L. v. J.R., 27 N.Y.3d 558, 564, 36 N.Y.S.3d 411, 56 N.E.3d 193 [2016] ). The court, having recently conducted an extensive fact-finding hearing, determined that it was in the child's best interest for the mother to retain sole custody. A court need not conduct a hearing on conclusory or speculative allegations (see Matter of Antonio Dwyane G. v. Erika Monte E., 137 A.D.3d 647, 27 N.Y.S.3d 561 [1st Dept. 2016], lv denied 27 N.Y.3d 909, 38 N.Y.S.3d 835, 60 N.E.3d 1201 [2016] ).