FOWLER, CHRISTOPHER P. v. VANGEE, VALERIE M.

Appellate Division of the Supreme Court of New York

FOWLER, CHRISTOPHER P. v. VANGEE, VALERIE M.

136 A.D.3d 1320, 24 N.Y.S.3d 564

Appellate Division of the Supreme Court of the State of New York·Decided February 5, 2016·No. CAF 15-00405·Published·Cited by 5 cases

Opinion

— 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.

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— 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.

FOWLER, CHRISTOPHER P. v. VANGEE, VALERIE M., 136 A.D.3d 1320, 24 N.Y.S.3d 564 (N.Y. Ct. App. 2016).

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136 A.D.3d 1320 (FOWLER, CHRISTOPHER P. v. VANGEE, VALERIE M.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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