Ann C. v. Debra S.
| Decision Date | 06 November 1995 |
| Citation | 221 A.D.2d 338,633 N.Y.S.2d 363 |
| Parties | In the Matter of ANN C. (Anonymous), Respondent, v. DEBRA S. (Anonymous), Appellant. |
| Court | New York Supreme Court — Appellate Division |
Steven Greenfield, Great Neck, for appellant.
Floyd Sheeger, Briarwood, for respondent.
Toba Beth Stutz, Pound Ridge, Law Guardian for the children.
Before JOY, J.P., and HART, GOLDSTEIN and FLORIO, JJ.
MEMORANDUM BY THE COURT.
In a custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Queens County (Friedman, J.), dated September 10, 1993, which granted, without a hearing, the custodial grandmother's motion to dismiss the petition.
ORDERED that the order is affirmed, with costs.
Contrary to the mother's contention, the Family Court did not err in dismissing her petition for a change of custody without first conducting a hearing. The mother did not make a sufficient evidentiary showing to warrant a hearing (see, Matter of Lynette L. v. Richard K.A., 210 A.D.2d 1005, 621 N.Y.S.2d 1009; Matter of Wolfer v. Dame, 207 A.D.2d 898, 899, 616 N.Y.S.2d 996; Matter of Farmer v. Dervay, 203 A.D.2d 795, 796, 611 N.Y.S.2d 53; Matter of Acevedo v. Commissioner of Social Servs., 184 A.D.2d 219, 586 N.Y.S.2d 743; Alessandro v. Alessandro, 172 A.D.2d 1078, 571 N.Y.S.2d 399; David W. v. Julia W., 158 A.D.2d 1, 557 N.Y.S.2d 314).
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...showing sufficient to warrant a hearing (see, e.g., Matter of Miller v. Lee, 225 A.D.2d 778, 639 N.Y.S.2d 852; Matter of Ann C. v. Debra S., 221 A.D.2d 338, 633 N.Y.S.2d 363; David W. v. Julia W., 158 A.D.2d 1, 557 N.Y.S.2d 314). The Supreme Court did not improvidently exercise its discreti......
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In the Matter of Aleksander K. v. Elena K., 2004 NY Slip Op 50156(U) (NY 2/17/2004), V-1005-6/00G.
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