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IN THE MATTER OF CARPENTER v. WHITAKER

5 A.D.3d 681 (2004)

774 N.Y.S.2d 761

In the Matter of JILL M. CARPENTER, Appellant, v. GARY P. WHITAKER, Respondent.

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

March 22, 2004.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the mother's contention, the Family Court properly dismissed her petition for a change of residential custody without conducting a hearing. A parent seeking 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 Madden v Cavanaugh, 307 A.D.2d 266 [2003...

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