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VICTORIA J. ALESSANDRO, Suing Herein as VICTORIA J. ALLESANDRO, Respondent, v. JOSEPH T. ALESSANDRO, Sued Herein as JOSEPH T. ALLESANDRO, Appellant.

Order unanimously affirmed with costs. Memorandum: Supreme Court did not err in denying defendant's motion for a change of custody without a hearing. Defendant made no evidentiary showing to warrant a hearing (see, David W. v. Julia W., 158 A.D.2d 1, 6-7). The circumstances alleged by defendant did not affect the well-being of the children.

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ALESSANDRO v. ALESSANDRO
(Apr 26, 1991)