Appellate Division of the Supreme Court of New York, 2001

Culpepper v. Caldwell

Culpepper v. Caldwell
Appellate Division of the Supreme Court of New York · Decided June 8, 2001
284 A.D.2d 946; 725 N.Y.S.2d 914; 2001 N.Y. App. Div. LEXIS 5896
Culpepper v. Caldwell

Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Family Court did not err in dismissing the petition seeking modification of a prior custody order without conducting a hearing. Petitioner failed to make the requisite evidentiary showing to warrant a hearing (see, Matter of Jones v Stone, 267 AD2d 1054; David W. v Julia W., 158 AD2d 1, 6-7). (Appeal from Order of Niagara County Family Court, Crapsi, J. — Custody.) Present — Green, J. P., Pine, Hurlbutt, Kehoe and Bums, JJ.

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