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IN THE MATTER OF LYNN BLAKE, appellant, v. FRANK VILBIG, respondent.

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

Contrary to the mother's contention, the Family Court properly denied, without a hearing, her petition to modify an existing order which granted her supervised visitation with her child (see, Milhollen v. Voelpel, 270 A.D.2d 422). One who seeks to modify an existing order of visitation is not automatically entitled to a hearing, but must make some evidentiary showing sufficient to warrant a hearing (see, Rosenberg v. Rosenberg, 261 A.D.2d 623; Miller v. Lee, 225 A.D.2d 778). The mother's allegations, even if true, would not give rise to finding of a change in circumstances warranting modification of the prior order.

RITTER, J.P., H. MILLER, FEUERSTEIN and PRUDENTI, JJ., concur.

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MATTER OF BLAKE v. VILBIG
(Nov 26, 2001)