Opinion
Argued May 30, 2000
August 30, 2000.
In a matrimonial action in which the parties were divorced by judgment entered December 19, 1996, the father appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Warshawsky, J.), dated April 27, 1999, as, without a hearing, denied that branch of his motion which was to change custody of the parties' child.
Dominic A. Barbara, Garden City, N.Y. (Susan L. Bender of counsel), for appellant.
Meltzer, Lippe, Goldstein Schlissel, P.C., Mineola, N Y (Jennifer Rosenkrantz and Stephen W. Schlissel of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, MYRIAM J. ALTMAN, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
Contrary to the father's contention, the Supreme Court properly exercised its discretion in denying that branch of his motion which was for a change in custody without conducting a hearing. A parent who seeks 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 Miller v. Lee, 225 A.D.2d 778; Matter of Ann C. v. Debra S., 221 A.D.2d 338). The father's allegations were not substantiated, and therefore did not warrant a hearing (see, Teuschler v. Teuschler, 242 A.D.2d 289; Matter of Gerow v. Gerow, 257 A.D.2d 718; David W. v. Julia W., 158 A.D.2d 1).