REILLY v. REILLY

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

One who seeks a change in visitation is not automatically entitled to a hearing but must make a sufficient evidentiary showing of a material change of circumstances to warrant a hearing ( see Matter of Rodriguez v Hangartner, 59 AD3d 630; Matter of Gold v Gold, 53 AD3d 485, 488; Matter of Walberg v Rudden, 14 AD3d 572; Matter of Steinharter v Steinharter, 11 AD3d 471; Matter of Brocher v Brocher, 213 AD2d 544). Contrary to the father's contention, the Family Court properly dismissed, without a hearing, his petition to modify the order of visitation ( see Matter of Walberg v Rudden, 14 AD3d at 572; Smoczkiewicz v Smoczkiewicz, 2 AD3d 705, 706; Matter of Ritchie v Waters, 1 AD3d 839, 840 ; Matter of Gerow v Gerow, 257 AD2d 718, 718-719; cf. Matter of Hermanowski v Hermanowski, 57 AD3d 777, 778; Matter of Vasquez-Williams v Williams, 32 AD3d 859, 859-860).

The Family Court properly denied that branch of the mother's motion which was for an award of an attorney's fee.