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MATTER OF STEVEN E. v. ANGELLA E.

11581. V-42316-11/17C.

183 A.D.3d 546 (2020)

122 N.Y.S.3d 889

2020 NY Slip Op 03086

In the Matter of Steven E., Appellant, v. Angella E., Respondent.

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

Decided May 28, 2020.

The court properly dismissed the petition seeking modification of the custody/visitation order without a hearing since the father did not credibly allege a material change of circumstances (see Skidelsky v Skidelsky, 279 A.D.2d 356 [1st Dept 2001]). The court acted within its discretion in finding that the claimed changed circumstances were no different than the circumstances that existed at the time of the original order. Moreover...

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