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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 5, 2016

DocketCAF 15-00405

StatusPublished

Cited by5 cases

This text of 136 A.D.3d 1320 (FOWLER, CHRISTOPHER P. v. VANGEE, VALERIE M.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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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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.

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Bluebook (online)

136 A.D.3d 1320, 24 N.Y.S.3d 564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fowler-christopher-p-v-vangee-valerie-m-nyappdiv-2016.

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