Trotti v. Broome County Department of Social Services

Appeal from an order of the Family Court of Broome *783County (Connerton, J.), entered September 1, 2004, which dismissed petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, for modification of a prior order of visitation.

Petitioner sought to modify a prior order of visitation which, apparently,* afforded him limited visitation with his granddaughter, who was in foster care under a permanency plan for adoption. Family Court dismissed the petition without a hearing, prompting this appeal.

Under settled law, a visitation order may be modified only “upon a showing that…