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MATTER OF SERGEI P. v. SOFIA M.

44 A.D.3d 490 (2007)

843 N.Y.S.2d 603

In the Matter of SERGEI P., Appellant, v. SOFIA M., Respondent.

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

Decided October 18, 2007.

A parent seeking a change of custody is not automatically entitled to a hearing (Matter of Coutsoukis v Samora, 265 A.D.2d 482 [1999]). Where parents enter into a formal custody agreement, it will not be set aside without a showing of a sufficient change in circumstances since the time of the stipulation, and unless the proposed modification is shown to be in the best interests of the child (Smoczkiewicz v Smoczkiewicz,

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