IN RE: SERGEI P. (2007)

Order, Family Court, New York County (Karen I. Lupuloff, J.), entered on or about October 24, 2006, which, without a hearing, dismissed the petition for change of custody, unanimously affirmed, without costs.

 A parent seeking a change of custody is not automatically entitled to a hearing (Coutsoukis v. Samora, 265 A.D.2d 482, 697 N.Y.S.2d 118 [1999] ).   Where parents enter into a formal custody agreement, it will not be set aside without a showing of a sufficient change in circumstances since the time of the stipulation, and unless the proposed modification is shown to be in the best interests of the child (Smoczkiewicz v. Smoczkiewicz, 2 A.D.3d 705, 770 N.Y.S.2d 101 [2003] ).   Furthermore, no court will modify such an order of custody granted on stipulation, absent such showings (see Matter of Watts v. Watts, 290 A.D.2d 822, 823-824, 736 N.Y.S.2d 537 [2002], lv. denied 97 N.Y.2d 614, 742 N.Y.S.2d 606, 769 N.E.2d 353 [2002];  Family Court Act § 467[b] ).  Here, in settlement of a prior enforcement proceeding, the parties entered into a stipulation on May 16, 2005, reinstated on May 16, 2006, in which petitioner agreed that custody would remain with respondent.   Petitioner has not alleged a sufficient change of circumstances since that time to warrant a hearing on a change of custody.   The court correctly stated that it would consider future applications for a change of custody if the alleged conduct by respondent was found to continue.