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