In the Matter of Mark Mennuti, Appellant, v Bianca Berry, Respondent.
Appellate Division of the Supreme Court of New York, Second Department
874 N.Y.S.2d 502 | 59 A.D.3d 625
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the father‘s contention, the Family Court providently exercised its discretion in dismissing, without a hearing, his petition, inter alia, to modify an existing order of visitation (see Matter of Walberg v Rudden, 14 AD3d 572 [2005]; Matter of Blake v Vilbig, 288 AD2d 470 [2001]; Matter of Milhollen v Voelpel, 270 AD2d 422 [2000]). A person who seeks to modify an existing order of visitation is not automatically entitled to a hearing, but must make some evidentiary showing sufficient to warrant a hearing (see Matter of Walberg v Rudden, 14 AD3d at 572; Matter of Steinharter v Steinharter, 11 AD3d 471 [2004]; Matter of Timson v Timson, 5 AD3d 691 [2004]; Matter of Blake v Vilbig, 288 AD2d at 470). Here, the father failed to allege or provide any evidence of a subsequent change of circumstances which would warrant a hearing on the issue of increased visitation (see Matter of Potente v Wasilewski, 51 AD3d 675, 676 [2008]; Matter of Hongach v Hongach, 44 AD3d 664 [2007]; Matter of Timson v Timson, 5 AD3d 691 [2004]). Moreover, the Family Court was fully familiar with relevant background facts regarding the parties and the child based on several prior proceedings (see Matter of Pignataro v Davis, 8 AD3d 487 [2004]; Matter of Horn v Zullo, 6 AD3d 536 [2004]; Matter of Smith v Molody-Smith, 307 AD2d 364 [2003]).
The father‘s remaining contention is not properly before this Court (see