MATTER OF BREHM v. UHRICH

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).