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MATTER OF AMY L. BREHM, PETITIONER-APPELLANT, v. MARC UHRICH, RESPONDENT-RESPONDENT.

Order unanimously affirmed without costs.

Memorandum:

Contrary to petitioner's contention, Family Court did not err in dismissing the petition to modify the prior custody order without conducting a hearing ( see, Matter of Wurmlinger v. Freer, 256 A.D.2d 1069). Petitioner failed to make a sufficient evidentiary showing to warrant a hearing ( see, Matter of Jones v. Stone, 267 A.D.2d 1054; David W. v. Julia W., 158 A.D.2d 1, 6-7).

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MATTER OF BREHM v. UHRICH
(May 2, 2001)