ENGELDRUM v. ENGELDRUM

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.