IN RE: CARYN CONSILIO (2014)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: CARYN CONSILIO, PETITIONER–APPELLANT, v. CHRISTOPHER TERRIGINO AND MARY E. DODDS, RESPONDENTS–RESPONDENTS.

CAF 13–00501

Decided: February 14, 2014

PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, CARNI, AND VALENTINO, JJ.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DAVID R. JUERGENS OF COUNSEL), FOR PETITIONER–APPELLANT. TREVETT CRISTO SALZER & ANDOLINA P.C., ROCHESTER (ERIC M. DOLAN OF COUNSEL), FOR RESPONDENT–RESPONDENT CHRISTOPHER TERRIGINO.

MEMORANDUM AND ORDER

TANYA J. CONLEY, ATTORNEY FOR THE CHILD, ROCHESTER.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner mother appeals from an order granting respondent father's motion to dismiss her petition seeking to modify the existing visitation order. The mother is not aggrieved by Family Court's failure to amend the order to reflect more accurately the intent of the parties inasmuch as the record indicates that the mother opposed any such amendment to the order during the underlying proceedings (see generally CPLR 5511; Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 N.Y.2d 539, 544–545; Matter of Glazier v. Brightly, 81 AD3d 1197, 1199). Contrary to the mother's further contention, the court properly granted the father's motion to dismiss the petition without a hearing. “A hearing is not automatically required whenever a parent seeks modification of a custody [or visitation] order” (Matter of Wurmlinger v. Freer, 256 A.D.2d 1069, 1069) and, here, “the mother failed to ‘make a sufficient evidentiary showing of a change in circumstances to require a hearing’ “ (Matter of Warrior v. Beatman, 70 AD3d 1358, 1359, lv denied 14 NY3d 711).

Frances E. Cafarell

Clerk of the Court

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