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ITCHKOW v. ITCHKOW

275 A.D.2d 442 (2000)

713 N.Y.S.2d 135

JACKI ITCHKOW, Respondent, v. ALAN ITCHKOW, Appellant.

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

Decided August 28, 2000.

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

Contrary to the father's contention, the Supreme Court properly exercised its discretion in denying that branch of his motion which was for a change in custody without conducting a hearing. A parent who seeks a change in custody is not automatically entitled to a hearing but must make some evidentiary showing sufficient to warrant a hearing (see, Matter of Miller v Lee,

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