Hootnick v. Cohen

Order unanimously affirmed with costs. Memorandum: We reject petitioner’s contention that Family Court erred in dismissing his petition to terminate his child support obligation without conducting an evidentiary hearing. A hearing is not required unless the application is supported by an affidavit or other evidentiary materials sufficient to establish a prima facie case for the relief requested (Family Ct Act § 451). The relief requested by petitioner was termination of his child support obligation on the ground that his three children had abandoned him. We conclude that petitioner failed to…