WILLIAM v. LORI

Appellate Division of the Supreme Court of New York, Second Department.

Oct 2, 2007

Judgment

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Ordered that the order is affirmed insofar as appealed from, with costs.

The Family Court properly granted, without a hearing, the mother's motion to dismiss the father's cross petition to modify the visitation provisions of a prior order granting custody and visitation, as the father failed to allege a material change of circumstances sufficient to warrant a hearing ( see Matter of Walberg v Rudden, 14 AD3d 572; Matter of Steinharter v Steinharter, 11 AD3d 471; Matter of Timson v Timson, 5 AD3d 691, 692; Matter of Blake v Vilbig, 288 AD2d 470; Matter of Milhollen v Voelpel, 270 AD2d 422, 423).