Naomi C. v. Russell A.

Order, Family Court, New York County (Helen C. Sturm, J.), entered on or about August 9, 2007, which dismissed, without a hearing and without prejudice, the petition to modify an order of custody, unanimously affirmed, without costs.

Petitioner’s contention that sufficient grounds exist to modify the parties’ so-ordered stipulation is without merit; neither custody nor visitation should be changed without a hearing (see e.g. David W. v Julia W., 158 AD2d 1, 6 [1990]; Matter of Fischbein v Fischbein, 55 AD2d 885 [1977]). However, Family Court was not required to hold a hearing here because…