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In the Matter of FLORENCE MILHOLLEN, respondent, v. VIVIAN J. VOELPEL, appellant.

DECISION ORDER

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

Contrary to the mother's contention, the Family Court did not err in denying, without a hearing, her application to modify an existing order which granted her supervised visitation with her children (see, Matter of Chaya S. v. Herbert L., 266 A.D.2d 219 [2d Dept., Nov. 1, 1999]; Matter of Coutsoukis v. Samora, 265 A.D.2d 482 [2d Dept., Oct. 18, 1999]; Matter of Gerow v. Gerow, 257 A.D.2d 718 ). 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, Matter of Coutsoukis v. Samora, supra; Matter of Gerow v. Gerow, supra;David W. v. Julia W., 158 A.D.2d 1, 6-7 ). Here, the mother's allegations, even if true, would not give rise to finding of a change in circumstances.

SANTUCCI, J.P., JOY, GOLDSTEIN, and SCHMIDT, JJ., concur.

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MATTER OF MILHOLLEN v. VOELPEL
(Mar 23, 2000)