Johnson v. Howard

Appellate Division of the Supreme Court of New York

Johnson v. Howard

303 A.D.2d 1005, 756 N.Y.S.2d 804, 2003 N.Y. App. Div. LEXIS 3008

Appellate Division of the Supreme Court of the State of New York·Decided March 21, 2003·Published

Opinion

—Appeal from an order of Family Court, Erie County (Townsend, J.), entered October 19, 2001, which dismissed the petition seeking modification of a prior custody order.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Family Court did not err in dismissing the [1006] petition seeking modification of a prior custody order without conducting a hearing. Petitioner failed to make a sufficient evidentiary showing to warrant a hearing (see Matter of Culpepper v Caldwell, 284 AD2d 946 [2001]; David W. v Julia W., 158 AD2d 1, 6-7 [1990]). Present — Pigott, Jr., P.J., Green, Wisner, Burns and Gorski, JJ.

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—Appeal from an order of Family Court, Erie County (Townsend, J.), entered October 19, 2001, which dismissed the petition seeking modification of a prior custody order.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Family Court did not err in dismissing the [1006] petition seeking modification of a prior custody order without conducting a hearing. Petitioner failed to make a sufficient evidentiary showing to warrant a hearing (see Matter of Culpepper v Caldwell, 284 AD2d 946 [2001]; David W. v Julia W., 158 AD2d 1, 6-7 [1990]). Present — Pigott, Jr., P.J., Green, Wisner, Burns and Gorski, JJ.

Johnson v. Howard, 303 A.D.2d 1005, 756 N.Y.S.2d 804, 2003 N.Y. App. Div. LEXIS 3008 (N.Y. Ct. App. 2003).

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Opinion

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