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Culpepper v. Caldwell

284 A.D.2d 946 Court N.Y. App. Div. Decision date 2001-06-08 English

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p. 946
In 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.

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