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BARBARA ENGELDRUM, respondent, v. ROBERT S. ENGELDRUM, appellant.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

Contrary to the father's contention, the Supreme Court properly denied his motion for a change of custody of the parties' son without conducting a hearing. A parent seeking a change of custody is not automatically entitled to a hearing, but must make a sufficient evidentiary showing to warrant a hearing (see Matter of Johnson v. Semple, 273 A.D.2d 311; Matter of Ann C. v. Debra S., 221 A.D.2d 338). Here, the father failed to make such a showing (see Matter of Johnson v. Semple, supra).

Moreover, under the circumstances of this case, it is unnecessary to remit the matter for the appointment of a law guardian (see Matter of Farnham v. Farnham, 252 A.D.2d 675; Matter of Newton v. Newton, 210 A.D.2d 337).

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

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ENGELDRUM v. ENGELDRUM
(Jun 2, 2003)