Strachan v. Gilliam

Appellate Division of the Supreme Court of New York

Strachan v. Gilliam

129 A.D.3d 1679, 12 N.Y.S.3d 424

Appellate Division of the Supreme Court of the State of New York·Decided June 19, 2015·No. Appeal No. 1·Published·Cited by 5 cases

Opinion

Appeal from an order of the Family Court, Monroe County (Patricia E. Gallaher, J.), entered July 19, 2013 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition for a modification of an order of visitation.

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

Memorandum: In appeal Nos. 1 and 2, petitioner mother appeals from orders that dismissed her petitions seeking to modify a prior order of visitation. Contrary to the mother’s contention in both appeals, we conclude that Family Court did not abuse its discretion in sua sponte dismissing the petitions without conducting a hearing. “A hearing is not automatically required whenever a parent seeks modification of a custody [or visitation] order . . . and, here, the mother 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]; see Matter of Sierak v Staring, 124 AD3d 1397, 1398 [2015]).

Present— Smith, J.P., Peradotto, Carni, Valentino and Whalen, JJ.

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Appeal from an order of the Family Court, Monroe County (Patricia E. Gallaher, J.), entered July 19, 2013 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition for a modification of an order of visitation.

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

Memorandum: In appeal Nos. 1 and 2, petitioner mother appeals from orders that dismissed her petitions seeking to modify a prior order of visitation. Contrary to the mother’s contention in both appeals, we conclude that Family Court did not abuse its discretion in sua sponte dismissing the petitions without conducting a hearing. “A hearing is not automatically required whenever a parent seeks modification of a custody [or visitation] order . . . and, here, the mother 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]; see Matter of Sierak v Staring, 124 AD3d 1397, 1398 [2015]).

Present— Smith, J.P., Peradotto, Carni, Valentino and Whalen, JJ.

Strachan v. Gilliam, 129 A.D.3d 1679, 12 N.Y.S.3d 424 (N.Y. Ct. App. 2015).

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Opinion

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