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MATTER OF JOHNSON v. HOWARD

303 A.D.2d 1005 (2003)

756 N.Y.S.2d 804

In the Matter of JOANNE JOHNSON, Appellant, v. MARCINE HOWARD, Respondent.

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

Decided March 21, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is 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. Petitioner failed to make a sufficient evidentiary showing to warrant a hearing (see Matter of Culpepper v Caldwell, 284 A.D.2d 946

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