Order, Family Court, New York County (Karen I. Lupuloff, J.), entered on or about October 24, 2006, which, without a hearing, dismissed the petition for change of custody, unanimously affirmed, without costs.
A parent seeking a change of custody is not automatically entitled to a hearing (Matter of Coutsoukis v Samora, 265 AD2d 482 [1999]). Where parents enter into a formal custody agreement, it will not be set aside without a showing of a sufficient change in circumstances since the time of the stipulation, and unless the proposed modification is shown to be in the best interests of the child (Smoczkiewicz v Smoczkiewicz, 2 AD3d 705 [2003]). Furthermore, no court will modify such an order of
