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MATTER OF JONES v. STONE

267 A.D.2d 1054 (1999)

700 N.Y.S.2d 913

In the Matter of STEVEN H. JONES, Appellant, v. PAULA A. STONE, Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided December 30, 1999.

Order unanimously affirmed without costs.

Memorandum:

Family Court did not err in dismissing the petition seeking modification of a prior custody order without conducting a hearing (see, Matter of Wurmlinger v Freer, 256 A.D.2d 1069). Petitioner failed to make a sufficient evidentiary showing to warrant a hearing (see, Matter of Lynette L. v Richard K. A., 210 A.D.2d 1005

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