Matter of Fowler v VanGee
2016 NY Slip Op 00832 [136 AD3d 1320]
February 5, 2016
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 23, 2016


[*1]
 In the Matter of Christopher P. Fowler, Appellant,
v
Valerie M. VanGee, Respondent.

Robert A. Dinieri, Clyde, for petitioner-appellant.

Appeal from an order of the Family Court, Wayne County (Daniel G. Barrett, J.), entered December 16, 2014 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition.

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

Memorandum: Petitioner father appeals from an order dismissing his petition seeking to modify a prior order of visitation. Contrary to the father's contention, we conclude that Family Court did not abuse its discretion in dismissing his petition without conducting a hearing. A hearing is not required whenever a parent seeks modification of a visitation order and, here, the father "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]). Present—Whalen, P.J., Smith, Centra, Carni and Scudder, JJ.