MATTER OF BENJAMIN SZE-BIN W. v. KERRY S.W.

13488

122 A.D.3d 473 (2014)

996 N.Y.S.2d 39

2014 NY Slip Op 07935

In the Matter of BENJAMIN SZE-BIN W., Respondent, v. KERRY S.W., Appellant.

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

Decided November 18, 2014.


Order, Family Court, New York County (Adetokunbo Fasanya, J.), entered on or about April 23, 2014, which denied respondent's motion to dismiss the petition for modification of custody, unanimously reversed, on the law, without costs, the motion granted, and the petition dismissed.

Petitioner, the noncustodial parent, failed to make the required evidentiary showing of a change in circumstances to warrant a hearing on the petition (see Matter of Patricia C. v Bruce...

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