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STYSIS v. STYSIS

Appellate Division of the Supreme Court of New York, Second Department.
Feb 2, 2010
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Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the defendant's contention, the Supreme Court properly denied, without a hearing, his separate motions to modify the terms of the parties' stipulation as to custody and visitation. "A parent who seeks a change of custody [or visitation] is not automatically entitled to a hearing, but must make an evidentiary showing sufficient to warrant a hearing . . . [Here,] [t]he Supreme Court providently exercised its discretion in finding that the father failed to meet his threshold burden of proffering sufficient evidence to warrant a hearing to determine whether, under the totality of the circumstances, a change of custody [or visitation] would be in the best interests of the child[]" ( Salick v Salick, 66 AD3d 757, 757-758 [citations omitted]).

There is no merit to the parties' remaining contentions.