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In the Matter of VINCENT O'HANLON, Appellant, v. TARYN O. CORNELIUS et al., Respondents.

Ordered that the order is affirmed, with costs, for reasons stated by Judge Stanger at the Family Court.

We note that there is no merit to the petitioner's contention that the Family Court erred in granting the respondents' motion to dismiss the proceeding without holding a hearing. There is no statutory requirement for a hearing (see, Domestic Relations Law § 72). In any event, the petitioner's papers failed to set forth sufficient facts showing that there was a factual dispute requiring the Family Court to conduct a hearing before deciding the motion (see, Strauss v. Ingber, 208 A.D.2d 608). Balletta, J.P., Thompson, Joy and Florio, JJ., concur.

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MATTER OF O'HANLON v. CORNELIUS
(Mar 6, 1995)