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IN THE MATTER OF KNUTH v. WESTFALL

669 CAF 09-00622.

72 A.D.3d 1642 (2010)

899 N.Y.S.2d 693

In the Matter of JENNIFER R. KNUTH, Appellant, v. TROY J. WESTFALL, Respondent.

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

Decided April 30, 2010.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Contrary to the contention of petitioner mother, Family Court properly granted respondent father's motion to dismiss the petition seeking to modify a prior custody order without conducting a hearing on the petition. "A hearing is not automatically required whenever a parent seeks modification of a custody order" (Matter...

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