Opinion
September 26, 1994
Appeal from the Family Court, Suffolk County (Pach, J.).
Ordered that the order is affirmed insofar as appealed from, with 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. The father did not make a sufficient evidentiary showing to warrant a hearing (see, Matter of Farmer v. Dervay, 203 A.D.2d 795; Matter of Acevedo v. Commissioner of Social Servs., 184 A.D.2d 219; Alessandro v. Alessandro, 172 A.D.2d 1078; David W. v. Julia W., 158 A.D.2d 1).
The mother's request for an award of sanctions and attorney's fees is denied (see, 22 NYCRR 130-1.1). Rosenblatt, J.P., Miller, Ritter and Hart, JJ., concur.