IN THE MATTER OF SIMMONS v. BUDNEY

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

Custody of a child 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 as the proper custodian" ( Obey v. Degling, 37 N.Y.2d 768, 770). 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 Coutsoukis v. Samora, 265 A.D.2d 482; Teuschler v. Teuschler, 242 A.D.2d 289, 290; Matter of Miller v. Lee, 225 A.D.2d 778; Matter of Ann C. v. Debra S., 221 A.D.2d 338; David W. v. Julia W., 158 A.D.2d 1, 7). Under the circumstances of this case, the Family Court properly denied the mother's petition without a full evidentiary hearing.

The mother's remaining contentions are without merit.

ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.