ITCHKOW v. ITCHKOW

ORDERED that the order is affirmed insofar as appealed from, with costs.

Contrary to the father's contention, the Supreme Court properly exercised its discretion in denying that branch of his motion which was for a change in custody without conducting a hearing. A parent who seeks a change in custody is not automatically entitled to a hearing but must make some evidentiary showing sufficient to warrant a hearing (see, Matter of Miller v. Lee, 225 A.D.2d 778; Matter of Ann C. v. Debra S., 221 A.D.2d 338). The father's allegations were not substantiated, and therefore did not warrant a hearing (see, Teuschler v. Teuschler, 242 A.D.2d 289; Matter of Gerow v. Gerow, 257 A.D.2d 718; David W. v. Julia W., 158 A.D.2d 1).