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MATTER OF RONALD S. v. DEIRDRE R.

62 A.D.3d 593 (2009)

In the Matter of RONALD S., Appellant, v. DEIRDRE R., Respondent.

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

Decided May 26, 2009.

The petitions for a modification of the order of visitation based on a change of circumstances were properly dismissed since petitioner has not alleged a material change of circumstances, but instead seeks to relitigate old allegations from prior proceedings (see Matter of King v King, 266 A.D.2d 546, 547 [1999]). Petitioner was not automatically entitled to a hearing, as he failed to make an evidentiary showing sufficient to warrant...

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