Alessandro v. Alessandro

Order unanimously affirmed with costs. Memorandum: Supreme Court did not err in denying defendant’s motion for a change of custody without a hearing. Defendant made no evidentiary showing to warrant a hearing (see, David W. v Julia W., 158 AD2d 1, 6-7). The circumstances alleged by defendant did not affect the well-being of the children. (Appeal from Order of Supreme Court, Suffolk County, Leiss, III, J.—Custody.) Present—Dillon, P. J., Doerr, Boomer, Pine and Lawton, JJ.