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IN THE MATTER OF HEUTHE v. McLAREN

Appellate Division of the Supreme Court of New York, Second Department.
Nov 17, 2003
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DECISION ORDER

ORDERED that the order is affirmed, with costs.

The father, who sought modification of an order of visitation, failed to make an evidentiary showing that there had been a material change of circumstances since that order was entered ( see Matter of Goldberg v. Goldberg, 300 A.D.2d 585; Matter of Blake v. Vilbig, 288 A.D.2d 470; Matter of Milhollen v. Voelpel, 270 A.D.2d 422; Matter of Brocher v. Brocher, 213 A.D.2d 544). Accordingly, the Family Court properly granted the mother's motion to dismiss the petition.

ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.