Opinion
Filed May 2, 2001.
Appeal from Order of Erie County Family Court, Figliola, J.H.O. — Custody.
PRESENT: PIGOTT, JR., P.J., PINE, WISNER, HURLBUTT AND KEHOE, JJ.
Order unanimously affirmed without costs.
Memorandum:
Contrary to petitioner's contention, Family Court did not err in dismissing the petition to modify the prior custody order without conducting a hearing ( see, Matter of Wurmlinger v. Freer, 256 A.D.2d 1069). Petitioner failed to make a sufficient evidentiary showing to warrant a hearing ( see, Matter of Jones v. Stone, 267 A.D.2d 1054; David W. v. Julia W., 158 A.D.2d 1, 6-7).