Timothy P. Donaher, Public Defender, Rochester (David R. Juergens of Counsel), for Petitioner–Appellant. Paul B. Watkins, Fairport, for Respondent–Respondent.
Sara E. Rook, Attorney for the Child, Rochester.
PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, and WHALEN, JJ.
MEMORANDUM:
In appeal Nos. 1 and 2, petitioner mother appeals from orders that dismissed her petitions seeking to modify a prior order of visitation. Contrary to the mother's contention in both appeals, we conclude that Family Court did not abuse its discretion in sua sponte dismissing the petitions without conducting a hearing. “A hearing is not automatically required whenever a parent seeks modification of a custody [or visitation] order ... and, here, the mother failed to make a sufficient evidentiary showing of a change in circumstances to require a hearing” ( Matter of Consilio v. Terrigino, 114 A.D.3d 1248, 1248, 980 N.Y.S.2d 854 [internal quotation marks omitted]; see Matter of Sierak v. Staring, 124 A.D.3d 1397, 1398, 1 N.Y.S.3d 696).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.