LOPEZ v. INFANTE

Ordered that the order is affirmed, without costs or disbursements.

Where possible, custody should be established on a long term basis, "at least so long as the custodial parent has not been shown to be unfit, or perhaps less fit, to continue a$ the proper custodian" ( Obey v Degling, 37 NY2d 768, 770; see Jackson v Jackson, 31 AD3d 386). Moreover, where parents enter into an agreement concerning custody, it will not be set aside unless there is a sufficient change in circumstances since the time of the stipulation and unless the modification of the custody agreement is in the best interests of the child ( see Smoczkiewicz v Smoczkiewicz, 2 AD3d 705, 706). A noncustodial parent seeking a change of custody is not entitled to a hearing without making some evidentiary showing sufficient to warrant a hearing ( see Matter of Bauman v Abbate, 48 AD3d 679, 680; DiVittorio v DiVittorio, 36 AD3d 848, 849; McNally v McNally, 28 AD3d 526, 527). Here, the mother failed to make such a showing.

The mother's remaining contentions are without merit.