Opinion
June 8, 2001.
(Appeal from Order of Niagara County Family Court, Crapsi, J. — Custody.)
PRESENT: GREEN, J.P., PINE, HURLBUTT, KEHOE AND BURNS, JJ.
Order unanimously affirmed without costs.
Memorandum:
Family Court did not err in dismissing the petition seeking modification of a prior custody order without conducting a hearing. Petitioner failed to make the requisite 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).