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MATTER OF PEREZ v. SEPULVEDA

51 A.D.3d 673 (2008)

857 N.Y.S.2d 659

In the Matter of BENJAMIN PEREZ, Respondent, v. GRISSEL SEPULVEDA, Appellant. DANIEL E. LUBETSKY, Nonparty Respondent.

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

Decided May 6, 2008.

Ordered that the order dated November 22, 2006 is affirmed, without costs or disbursements; and it is further,

Ordered that the order dated February 9, 2007 is affirmed insofar as appealed from, without costs or disbursements.

The mother contends that the Family Court erred in modifying her visitation without a hearing. In general, an evidentiary hearing is necessary regarding a modification of visitation (see Matter of Hom v Zullo,

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