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In the Matter of FREDA LEICHTER-KESSLER, Appellant, v. CHARLES KESSLER, Respondent.

Ordered that the orders are affirmed insofar as appealed from, without costs or disbursements.

The Family Court properly dismissed, without a hearing, the mother's petition, inter alia, for sole custody of the subject child. Modification of an existing custody or visitation arrangement is permissible only upon a showing that there has been a change in circumstances such that, a modification is necessary to ensure the continued best interests and welfare of the child. A party seeking a change in visitation or custody is not automatically entitled to a hearing, but must make an evidentiary showing sufficient to warrant a hearing ( see Matter of Grant v Hunter, 64 AD3d 779; Matter of Riedel v Riedel, 61 AD3d 979). Here, the mother's assertions were unsubstantiated, conclusory, and flatly contradicted by the record. Accordingly, she failed to make the requisite showing ( see Matter of Grant v Hunter, 64 AD3d 779; Matter of Reilly v Reilly, 64 AD3d 660; Matter of Mennuti v Berry, 59 AD3d 625; Matter of Blackstock v Price, 51 AD3d 914; Matter of Davis v Venditto, 45 AD3d 837; Shapira v Shapira, 283 AD2d 477, 478).

The Family Court properly declined to remove the attorney for the child based on the mother's unsubstantiated allegations of bias ( see Matter of Damien P.C. v Jennifer H.S., 57 AD3d 295; Matter of Aaliyah Q., 55 AD3d 969, 971; Matter of Brittany W., 25 AD3d 560).

The mother's remaining contentions are without merit.

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IN RE LEICHTER-KESSLER
(Mar 30, 2010)