Majority
p. 946In the Matter of Marquetta Culpepper, Appellant, v Tommie Caldwell, II, Respondent. [725 NYS2d 914]
—Order unanimously affirmed without costs. Memorandum: Family Court did not err in dismissing the petition seeking modification of a prior custody order without conducting a hearing. Petitioner failed to make the requisite evidentiary showing to warrant a hearing (see, Matter of Jones v Stone, 267 AD2d 1054 ; David W. v Julia W., 158 AD2d 1 , 6-7). (Appeal from Order of Niagara County Family Court, Crapsi, J. — Custody.) Present — Green, J. P., Pine, Hurlbutt, Kehoe and Bums, JJ.
Cases cited
- David W. v. Julia W. 158 AD2d 1 at 6-7 p. 946