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Matter of Milhollen v. Voelpel [2d Dept 2000

Appellate Division of the Supreme Court of New York, Second Department
Apr 4, 2000
(N.Y. App. Div. Apr. 4, 2000)

Opinion

Submitted February 10, 2000.

April 4, 2000.

In a child visitation proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Nassau County (Lawrence, J.), dated October 14, 1998, which denied, without a hearing, her application to modify an order of the same court dated November 16, 1992, which granted her supervised visitation with her minor children.

John M. Zenir, Mineola, N.Y., for appellant.

FRED T. SANTUCCI, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

Contrary to the mother's contention, the Family Court did not err in denying, without a hearing, her application to modify an existing order which granted her supervised visitation with her children (see, Matter of Chaya S. v. Herbert L., ___ A.D.2d ___ [2d Dept., Nov. 1, 1999]; Matter of Coutsoukis v. Samora, ___ A.D.2d ___ [2d Dept., Oct. 18, 1999]; Matter of Gerow v. Gerow, 257 A.D.2d 718). One who seeks to modify an existing order of visitation is not automatically entitled to a hearing, but must make some evidentiary showing sufficient to warrant a hearing (see, Matter of Coutsoukis v. Samora, supra; Matter of Gerow v. Gerow, supra;David W. v. Julia W., 158 A.D.2d 1, 6-7 ). Here, the mother's allegations, even if true, would not give rise to finding of a change in circumstances.

SANTUCCI, J.P., JOY, GOLDSTEIN, and SCHMIDT, JJ., concur.


Summaries of

Matter of Milhollen v. Voelpel [2d Dept 2000

Appellate Division of the Supreme Court of New York, Second Department
Apr 4, 2000
(N.Y. App. Div. Apr. 4, 2000)
Case details for

Matter of Milhollen v. Voelpel [2d Dept 2000

Case Details

Full title:In the Matter of FLORENCE MILHOLLEN, respondent, v. VIVIAN J. VOELPEL…

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

Date published: Apr 4, 2000

Citations

(N.Y. App. Div. Apr. 4, 2000)