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MATTER OF ANTONIO DWAYNE G. v. MONTE E.

8066, 8067.

96 A.D.3d 697 (2012)

946 N.Y.S.2d 866

2012 NY Slip Op 5264

In the Matter of ANTONIO DWAYNE G., Appellant, v. ERICKA MONTE E., Respondent.

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

June 28, 2012.

Family Court providently exercised its discretion in declining to hold a hearing before it dismissed the petition to modify the existing custody arrangement. A court is not required to conduct a hearing whenever a party moves for a change in custody especially where, as here, the claims are "speculative and frivolous" (David W. v Julia W., 158 A.D.2d 1, 6 [1990]). Indeed, the record shows that respondent did not medically neglect...

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