Majority
p. 1078Victoria J. Alessandro, Suing Herein as Victoria J. Allesandro, Respondent, v Joseph T. Alessandro, Sued Herein as Joseph T. Allesandro, Appellant.
Order unanimously affirmed with costs. Memorandum: Supreme Court did not err in denying defendant’s motion for a change of custody without a hearing. Defendant made no evidentiary showing to warrant a hearing (see, David W. v Julia W., 158 AD2d 1 , 6-7). The circumstances alleged by defendant did not affect the well-being of the children. (Appeal from Order of Supreme Court, Suffolk County, Leiss, III, J.—Custody.) Present—Dillon, P. J., Doerr, Boomer, Pine and Lawton, JJ.
Cases cited
- David W. v. Julia W. 158 AD2d 1 at 6-7 p. 1078