Heuthe v. McLaren

In a custody proceeding pursuant to Family Court Act article 6, the petitioner father appeals from an order of the Family Court, Orange County (Klein, J.), dated November 20, 2002, which, without a hearing, granted the motion of the respondent mother to dismiss the petition, and dismissed the petition.

Ordered that the order is affirmed, with costs.

The father, who sought modification of an order of visitation, failed to make an evidentiary showing that there had been a material change of circumstances since that order was entered (see Matter of Goldberg v Goldberg, 300 AD2d 585 [2002]; Matter…