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Johnson v. Howard

303 A.D.2d 1005, 756 N.Y.S.2d 804, 2003 N.Y. App. Div. LEXIS 3008
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 21, 2003
StatusPublished

This text of 303 A.D.2d 1005 (Johnson v. Howard) 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
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).

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]*1006petition 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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Related

David W. v. Julia W.
158 A.D.2d 1 (Appellate Division of the Supreme Court of New York, 1990)
Culpepper v. Caldwell
284 A.D.2d 946 (Appellate Division of the Supreme Court of New York, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
303 A.D.2d 1005, 756 N.Y.S.2d 804, 2003 N.Y. App. Div. LEXIS 3008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-howard-nyappdiv-2003.