Sitzer v. Fay

*567In a visitation proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Suffolk County (Boggio, R.), dated May 20, 2004, which, granted the father’s motion to dismiss the petition without a hearing.

Ordered that the order is modified, on the law, by deleting from the decretal paragraph thereof the phrase beginning with the words “that mother” and ending with the words “to go forward with this petition,” and substituting therefor the words “that the petitioner mother failed to allege a sufficient change of circumstances which would warrant…