Opinion
2003-00467
Submitted October 27, 2003.
November 17, 2003.
In a custody proceeding pursuant to Family Court Act article 6, the petitioner father appeals from an order of the Family Court, Orange County (Klein, J.), dated November 20, 2002, which, without a hearing, granted the motion of the respondent mother to dismiss the petition, and dismissed the petition.
Kevin J. Shortall, Goshen, N.Y., for appellant.
Hankin, Hanig, Stall, Caplicki Curtin, LLP, Poughkeepsie, N.Y. (Lynn M. Smookler of counsel), for respondent.
Neal D. Futerfas, White Plains, N.Y., Law Guardian for the child.
Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, DANIEL F. LUCIANO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The father, who sought modification of an order of visitation, failed to make an evidentiary showing that there had been a material change of circumstances since that order was entered ( see Matter of Goldberg v. Goldberg, 300 A.D.2d 585; Matter of Blake v. Vilbig, 288 A.D.2d 470; Matter of Milhollen v. Voelpel, 270 A.D.2d 422; Matter of Brocher v. Brocher, 213 A.D.2d 544). Accordingly, the Family Court properly granted the mother's motion to dismiss the petition.
ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.