Matter of Antonio Dwayne G. v. Ericka Monte E.

Order, Family Court, New York County (Carol J. Goldstein, Ref.), entered on or about September 9, 2014, which granted, without a hearing, the attorney for the child’s motion to dismiss petitioner father’s petition to modify an order of custody, unanimously affirmed, without costs.

Family Court exercised its discretion in a provident manner in declining to hold a hearing before dismissing the father’s petition to modify the existing custody arrangement. As this Court noted on a prior appeal regarding the denial of a petition by the father to modify the 2004 order of custody, “A court is not…