IN RE: CHRISTOPHER P. FOWLER

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Supreme Court, Appellate Division, Fourth Department.

IN RE: CHRISTOPHER P. FOWLER, PETITIONER–APPELLANT, v. VALERIE M. VANGEE, RESPONDENT–RESPONDENT.

CAF 15–00405

Decided: February 05, 2016

PRESENT:  WHALEN, P.J., SMITH, CENTRA, CARNI, AND SCUDDER, JJ. ROBERT A. DINIERI, CLYDE, FOR PETITIONER–APPELLANT.

MEMORANDUM AND ORDER

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

Memorandum:  Petitioner father appeals from an order dismissing his petition seeking to modify a prior order of visitation.  Contrary to the father's contention, we conclude that Family Court did not abuse its discretion in dismissing his petition without conducting a hearing.  A hearing is not required whenever a parent seeks modification of a visitation order and, here, the father “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] ).

Frances E. Cafarell

Clerk of the Court