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NAOMI C. v. RUSSELL A.

48 A.D.3d 203 (2008)

850 N.Y.S.2d 415

NAOMI C., Appellant, v. RUSSELL A., Respondent.

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

Decided February 5, 2008.

Petitioner's contention that sufficient grounds exist to modify the parties' so-ordered stipulation is without merit; neither custody nor visitation should be changed without a hearing (see e.g. David W. v Julia W., 158 A.D.2d 1, 6 [1990]; Matter of Fischbein v Fischbein, 55 A.D.2d 885 [1977]). However, Family Court was not required to hold a hearing here because petitioner failed to make...

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