IN RE: DELSENIOR STRACHAN (2015)

Supreme Court, Appellate Division, Fourth Department.

IN RE: DELSENIOR STRACHAN, PETITIONER–APPELLANT, v. LINDA GILLIAM, RESPONDENT–RESPONDENT. (APPEAL NO. 1.)

CAF 14–00688

Decided: June 19, 2015

PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DAVID R. JUERGENS OF COUNSEL), FOR PETITIONER–APPELLANT. PAUL B. WATKINS, FAIRPORT, FOR RESPONDENT–RESPONDENT.

MEMORANDUM AND ORDER

SARA E. ROOK, ATTORNEY FOR THE CHILD, ROCHESTER.

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

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 AD3d 1248, 1248 [internal quotation marks omitted]; see Matter of Sierak v. Staring, 124 AD3d 1397, 1398).

Frances E. Cafarell

Clerk of the Court

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