MATTER OF SIMPSON v. PTASZYNSKA


41 A.D.3d 607 (2007)

836 N.Y.S.2d 419

In the Matter of RICHARD SIMPSON, Appellant, v. BEATA PTASZYNSKA, Respondent.

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

Decided June 12, 2007.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the father's contention, the Family Court properly, in effect, denied, without a hearing, those branches of his petition and separate motion which were to modify a prior order of custody and visitation. One who seeks to modify an existing order of custody and visitation is not automatically entitled to a hearing, but must make some evidentiary showing sufficient...

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