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Johnson v. Howard

303 A.D.2d 1005 Court N.Y. App. Div. Decision date 2003-03-21 English

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p. 1005
In the Matter of Joanne Johnson, Appellant, v Marcine Howard, Respondent.
[756 NYS2d 804]

—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

p. 1006
petition 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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