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Matter of Coutsoukis v. Samora

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1999
265 A.D.2d 482 (N.Y. App. Div. 1999)

Opinion

Submitted June 25, 1999

October 18, 1999

In related child custody proceedings pursuant to Family Court Act article 6, the father appeals from (1) an order of the Family Court, Westchester County (Braslow, J.).


ORDERED that the orders are affirmed, with one bill of costs.

Contrary to the father's contention, the Family Court did not err in dismissing his petition for a change of custody without first conducting a hearing (see, Matter of Ann C. v. Debra S., 221 A.D.2d 338; Matter of Wolfer v. Dame, 207 A.D.2d 898, 899). A parent who seeks a change of custody is not automatically entitled to a hearing but must make some evidentiary showing sufficient to warrant a hearing (see, David W. v. Julia W., 158 A.D.2d 1). Here, the Family Court, which had a familiarity with the history of the case, properly determined that the father failed to make a showing sufficient to warrant a hearing (see, Teuschler v. Teuschler, 242 A.D.2d 289, 290; Matter of Miller v. Lee, 225 A.D.2d 778, 779).

The father's remaining contentions are without merit.

S. MILLER, J.P., SULLIVAN, ALTMAN, and McGINITY, JJ., concur.


Summaries of

Matter of Coutsoukis v. Samora

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1999
265 A.D.2d 482 (N.Y. App. Div. 1999)
Case details for

Matter of Coutsoukis v. Samora

Case Details

Full title:In the Matter of PHOTIUS COUTSOUKIS, appellant, v. SUSAN SAMORA…

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

Date published: Oct 18, 1999

Citations

265 A.D.2d 482 (N.Y. App. Div. 1999)
697 N.Y.S.2d 118

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