Culpepper v. Caldwell (284 A.D.2d 946, 2001)

—Order unanimously affirmed without costs. Memorandum: Family Court did not err in dismissing the petition seeking modification of a prior custody order without conducting a hearing. Petitioner failed to make the requisite evidentiary showing to warrant a hearing (see, Matter of Jones v Stone, 267 AD2d 1054; David W. v Julia W., 158 AD2d 1, 6-7). (Appeal from Order of Niagara County Family Court, Crapsi, J. — Custody.) Present — Green, J. P., Pine, Hurlbutt, Kehoe and Bums, JJ.