Case Information

In the Matter of Christopher P. Fowler, Appellant, v Valerie M. VanGee, Respondent.

Supreme Court, Appellate Division, Fourth Department, New York

February 6, 2015

24 NYS3d 564

Appeal from an order of the Family Court, Wayne County (Daniel G. Barrett, J.), entered December 16, 2014.

Appeal from an order of the Family Court, Wayne County (Daniel G. Barrett, J.), entered December 16, 2014 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

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 AD3d 1248, 1248 [2014] [internal quotation marks omitted]).

Present—Whalen, P.J., Smith, Centra, Carni and Scudder, JJ.