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MATTER OF COUTSOUKIS v. SAMORA

Appellate Division of the Supreme Court of New York, Second Department.
Oct 18, 1999
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ORDERED that the orders are affirmed, with one bill of costs.

Contrary to the father's contention, the Family Court did not err in dismissing his petition for a change of custody without first conducting a hearing (see, Matter of Ann C. v. Debra S., 221 A.D.2d 338; Matter of Wolfer v. Dame, 207 A.D.2d 898, 899). A parent who seeks a change of custody is not automatically entitled to a hearing but must make some evidentiary showing sufficient to warrant a hearing (see, David W. v. Julia W., 158 A.D.2d 1). Here, the Family Court, which had a familiarity with the history of the case, properly determined that the father failed to make a showing sufficient to warrant a hearing (see, Teuschler v. Teuschler, 242 A.D.2d 289, 290; Matter of Miller v. Lee, 225 A.D.2d 778, 779).

The father's remaining contentions are without merit.

S. MILLER, J.P., SULLIVAN, ALTMAN, and McGINITY, JJ., concur.