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IN RE WARRIOR
Appellate Division of the Supreme Court of New York, Fourth Department.
Feb 11, 2010
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It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: We reject the contention of petitioner mother that Family Court erred in granting the Law Guardian's motion to dismiss the petition seeking modification of an existing custody order without conducting a hearing. "A hearing is not automatically required whenever a parent seeks modification of a custody order" ( Matter of Wurmlinger v Freer, 256 AD2d 1069) and, here, the mother failed to "make a sufficient evidentiary showing of a change in circumstances to require a hearing" ( Matter of Di Fiore v Scott, 2 AD3d 1417, 1417-1418 [internal quotation marks omitted]; see Matter of Krest v Kawczynski, 9 AD3d 907).
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