Opinion
799 CAF 14-00688
06-19-2015
In the Matter of Delsenior STRACHAN, Petitioner–Appellant, v. Linda GILLIAM, Respondent–Respondent. (Appeal No. 1.).
Timothy P. Donaher, Public Defender, Rochester (David R. Juergens of Counsel), for Petitioner–Appellant. Paul B. Watkins, Fairport, for Respondent–Respondent. Sara E. Rook, Attorney for the Child, Rochester.
Timothy P. Donaher, Public Defender, Rochester (David R. Juergens of Counsel), for Petitioner–Appellant.
Paul B. Watkins, Fairport, for Respondent–Respondent.
Sara E. Rook, Attorney for the Child, Rochester.
PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, and WHALEN, JJ.
Opinion
MEMORANDUM:
In appeal Nos. 1 and 2, petitioner mother appeals from orders that dismissed her petitions seeking to modify a prior order of visitation. Contrary to the mother's contention in both appeals, we conclude that Family Court did not abuse its discretion in sua sponte dismissing the petitions without conducting a hearing. “A hearing is not automatically required whenever a parent seeks modification of a custody [or visitation] order ... and, here, the mother failed to make a sufficient evidentiary showing of a change in circumstances to require a hearing” (Matter of Consilio v. Terrigino, 114 A.D.3d 1248, 1248, 980 N.Y.S.2d 854 [internal quotation marks omitted]; see Matter of Sierak v. Staring, 124 A.D.3d 1397, 1398, 1 N.Y.S.3d 696 ).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.