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MATTER OF HONGACH v. HONGACH

44 A.D.3d 664 (2007)

841 N.Y.S.2d 888

In the Matter of WILLIAM J. HONGACH, Appellant, v. LORI A. HONGACH, Respondent.

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

Decided October 2, 2007.

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

The Family Court properly granted, without a hearing, the mother's motion to dismiss the father's cross petition to modify the visitation provisions of a prior order granting custody and visitation, as the father failed to allege a material change of circumstances sufficient to warrant a hearing (see Matter of Walberg v Rudden, 14 A.D.3d 572 [2005];...

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