Opinion
CAF 01-02497
March 21, 2003.
Appeal from an order of Family Court, Erie County (Townsend, J.), entered October 19, 2001, which dismissed the petition seeking modification of a prior custody order.
GWENNOR LLOYD CARR, BUFFALO, FOR PETITIONER-APPELLANT.
PRESENT: PIGOTT, JR., P.J., GREEN, WISNER, BURNS, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is 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 a sufficient evidentiary showing to warrant a hearing (see Matter of Culpepper v. Caldwell, 284 A.D.2d 946; David W. v. Julia W., 158 A.D.2d 1, 6-7).