Matter of Ettelt v. Ettelt
2021 NY Slip Op 03744
N.Y. App. Div.
2021
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IN THE MATTER OF GREGORY D. ETTELT, PETITIONER-APPELLANT, v BILLIE J. ETTELT, RESPONDENT-RESPONDENT.

545 CAF 20-00587

Appellate Division of the Supreme Court of the State of New York, Fourth Judicial Department

June 11, 2021

2021 NY Slip Op 03744

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: CENTRA, J.P., PERADOTTO, CURRAN, WINSLOW, AND DEJOSEPH, JJ.

PETER J. DIGIORGIO, JR., UTICA, FOR PETITIONER-APPELLANT.

KACIE M. CROUSE, UTICA, ATTORNEY FOR THE CHILD.

Appeal from an order of the Family Court, Herkimer County (Anthony J. Garramone, J.H.O.), dated February 4, 2020 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition seeking to modify a prior order of custody and visitation.

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

Memorandum: In this proceeding pursuant to Family Court Act article 6, petitioner father appeals from an order that dismissed his petition seeking to modify a prior order of custody and 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 automatically required whenever a parent seeks modification of a custody [or visitation] order” and, here, the father failed to “make a sufficient evidentiary showing of a change in circumstances to require a hearing” ( [internal quotation marks omitted]; see ; ).

Entered: June 11, 2021

Mark W. Bennett

Clerk of the Court