Opinion
96 CAF 15-00405.
02-05-2016
In the Matter of Christopher P. FOWLER, Petitioner–Appellant, v. Valerie M. VANGEE, Respondent–Respondent.
Robert A. Dinieri, Clyde, for Petitioner–Appellant.
Robert A. Dinieri, Clyde, for Petitioner–Appellant.
Opinion
MEMORANDUM:
Petitioner father appeals from an order dismissing his petition seeking to modify a prior order of visitation. Contrary to the father's contention, we conclude that Family Court did not abuse its discretion in dismissing his petition without conducting a hearing. A hearing is not required whenever a parent seeks modification of a visitation order and, here, the father “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] ).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
WHALEN, P.J., SMITH, CENTRA, CARNI, and SCUDDER, JJ., concur.