IN RE: Renessta OLDS (2009)

In related child custody proceedings pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (Graham, J.), dated May 2, 2008, which denied his motion to vacate an order of the same court dated October 13, 2006, entered upon his default in appearing or answering, granting the petition of a maternal aunt for an award of custody of the subject child, and denied, without a hearing, his petition to modify the order dated October 13, 2006.

ORDERED that the order is affirmed, without costs or disbursements.

 The Family Court providently exercised its discretion in denying the father's motion to vacate the custody order entered upon his default as the father failed to demonstrate either a reasonable excuse for the default or a meritorious defense to the petition for custody (see Matter of Taylor v. Staples, 33 A.D.3d 1089, 822 N.Y.S.2d 649;  Matter of Burns v. Carriere-Knapp, 278 A.D.2d 542, 717 N.Y.S.2d 398).

 Additionally, the Family Court properly denied, without a hearing, the father's petition to modify the custody order.   Contrary to the father's contention, the Family Court applied the appropriate standard (see Matter of Metcalf v. Odums, 35 A.D.3d 865, 828 N.Y.S.2d 133;  Matter of Fishburne v. Teelucksingh, 34 A.D.3d 804, 828 N.Y.S.2d 70;  Matter of Guinta v. Doxtator, 20 A.D.3d 47, 51, 794 N.Y.S.2d 516).   Here, the father failed to make a sufficient showing of a change of circumstances to warrant a hearing (see Spratt v. Fontana, 46 A.D.3d 670, 847 N.Y.S.2d 220;  McNally v. McNally, 28 A.D.3d 526, 816 N.Y.S.2d 98).