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In the Matter of Carpenter v. Whitaker

Appellate Division of the Supreme Court of New York, Second Department
Mar 22, 2004
5 A.D.3d 681 (N.Y. App. Div. 2004)

Opinion

2002-07787.

Decided March 22, 2004.

Steven A. Feldman, Hauppauge, N.Y., for appellant.

Gary Paul Whitaker, Red Hook, N.Y., respondent pro se.

Michael J. O'Connor, Poughkeepsie, N.Y., Law Guardian for the child.

Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, HOWARD MILLER, WILLIAM F. MASTRO, JJ.


In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Dutchess County (Amodeo, J.), dated July 29, 2002, which, without a hearing, granted the father's motion to dismiss the petition for change of residential custody.


DECISION ORDER

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

Contrary to the mother's contention, the Family Court properly dismissed her petition for a change of residential custody without conducting a hearing. A parent seeking a change in custody is not automatically entitled to a hearing, but must make some evidentiary showing sufficient to warrant a hearing ( see Matter of Madden v. Cavanaugh, 307 A.D.2d 266; Matter of Johnson v. Semple, 273 A.D.2d 311). Here, the mother failed to make such a showing.

The mother's remaining contentions are not properly before the court on this appeal as they involve matters that were not the subject of the order appealed from.

ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.


Summaries of

In the Matter of Carpenter v. Whitaker

Appellate Division of the Supreme Court of New York, Second Department
Mar 22, 2004
5 A.D.3d 681 (N.Y. App. Div. 2004)
Case details for

In the Matter of Carpenter v. Whitaker

Case Details

Full title:IN THE MATTER OF JILL MARIE CARPENTER, appellant, v. GARY PAUL WHITAKER…

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

Date published: Mar 22, 2004

Citations

5 A.D.3d 681 (N.Y. App. Div. 2004)
774 N.Y.S.2d 761

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