IN RE: Christine GRANT

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

IN RE: Christine GRANT, appellant, v. Larney HUNTER, respondent.

Decided: July 28, 2009

REINALDO E. RIVERA, J.P., PETER B. SKELOS, RUTH C. BALKIN, and JOHN M. LEVENTHAL, JJ. Jeffrey C. Bluth, Brooklyn, N.Y., for appellant. Steven Banks, New York, N.Y. (Tamara A. Steckler and Louise Feld of counsel), attorney for the child.

In a custody and visitation proceeding pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Kings County (Krauss, J.), dated April 9, 2008, as, without a hearing, granted the father's motion to dismiss her petition for custody of the subject child or for expanded visitation rights, on the ground that the petition failed to state a change of circumstances sufficient to warrant modification of a prior order of the same court dated November 8, 2004, awarding custody to the father and certain visitation rights to the mother.

ORDERED that the order is affirmed insofar as appealed from, with costs.

 The Family Court properly dismissed, without a hearing, the mother's petition for custody of the subject child or expanded visitation rights with respect to the subject child (see Matter of Mattie M. v. Administration for Children's Servs., 48 A.D.3d 392, 851 N.Y.S.2d 236;  Matter of Steinharter v. Steinharter, 11 A.D.3d 471, 782 N.Y.S.2d 372).   “ ‘Modification of an existing custody or visitation arrangement is permissible only upon a showing that there has been a change in circumstances such that a modification is necessary to ensure the continued best interests and welfare of the child’ ” (Matter of Riedel v. Riedel, 61 A.D.3d 979, 876 N.Y.S.2d 907, quoting Matter of Molinari v. Tuthill, 59 A.D.3d 722, 723, 875 N.Y.S.2d 495;  see Matter of Gurewich v. Gurewich, 58 A.D.3d 628, 872 N.Y.S.2d 141).   A person seeking a change in visitation or custody is not automatically entitled to a hearing, but must make an evidentiary showing sufficient to warrant a hearing (see Matter of Riedel v. Riedel, 61 A.D.3d at 979, 876 N.Y.S.2d 907;  Matter of Gurewich v. Gurewich, 58 A.D.3d at 629, 872 N.Y.S.2d 141).

Here, the mother failed to make such a showing (see Matter of Bauman v. Abbate, 48 A.D.3d 679, 680, 850 N.Y.S.2d 921;  Matter of Mattie M., 48 A.D.3d 392, 851 N.Y.S.2d 236;  Matter of Steinharter v. Steinharter, 11 A.D.3d 471, 782 N.Y.S.2d 372).   The mother's assertions were largely unsubstantiated or conclusory (see Matter of Blackstock v. Price, 51 A.D.3d 914, 915, 858 N.Y.S.2d 733;  Matter of El-Sheemy v. El-Sheemy, 35 A.D.3d 738, 739, 826 N.Y.S.2d 695;  Nash v. Yablon-Nash, 16 A.D.3d 471, 790 N.Y.S.2d 718).

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