Matter of Thomas v Thomas
2021 NY Slip Op 04469 [196 AD3d 1181]
July 16, 2021
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 1, 2021


[*1]
 In the Matter of Lahni E. Thomas, Appellant,
v
Geoffrey D. Thomas, Respondent.

Thomas L. Pelych, Hornell, for petitioner-appellant.

Rosemarie Richards, Gilbertsville, for respondent-respondent.

Joan D. Merry, Hornell, Attorney for the Children.

Appeal from an order of the Family Court, Steuben County (Patrick F. McAllister, A.J.), entered July 7, 2020, 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: In this Family Court Act article 6 proceeding, petitioner mother appeals from an order that dismissed her petition seeking to modify a prior order of custody and visitation. We reject the mother's contention that Family Court abused its discretion in dismissing the petition without conducting a hearing. "A hearing is not automatically required whenever a parent seeks modification of a custody [or visitation] order" (Matter of Di Fiore v Scott, 2 AD3d 1417, 1417 [4th Dept 2003] [internal quotation marks omitted]; see Matter of Gworek v Gworek [appeal No. 1], 158 AD3d 1304, 1304 [4th Dept 2018]). Here, we conclude that the mother failed to "make a sufficient evidentiary showing of a change in circumstances to require a hearing" (Di Fiore, 2 AD3d at 1417-1418 [internal quotation marks omitted]; see Matter of Williams v Reid, 187 AD3d 1593, 1594 [4th Dept 2020]). Present—Peradotto, J.P., Lindley, NeMoyer, Curran and Troutman, JJ.