| Matter of Hongach v Hongach |
| 2007 NY Slip Op 07437 [44 AD3d 664] |
| October 2, 2007 |
| Appellate Division, Second Department |
| In the Matter of William J. Hongach, Appellant, v Lori A.Hongach, Respondent. |
—[*1] Lieberman & LeBovit, Yorktown Heights, N.Y. (Mitchell P. Lieberman of counsel), forrespondent. Diane P. Foley, Wappinger Falls, N.Y., Law Guardian.
In a visitation proceeding pursuant to Family Court Act article 6, the father appeals, aslimited by his brief, from so much of an order of the Family Court, Dutchess County (Sammarco,J.), dated January 10, 2007, as, without a hearing, granted the mother's motion to dismiss hiscross petition.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Family Court properly granted, without a hearing, the mother's motion to dismiss thefather's cross petition to modify the visitation provisions of a prior order granting custody andvisitation, as the father failed to allege a material change of circumstances sufficient to warrant ahearing (see Matter of Walberg vRudden, 14 AD3d 572 [2005]; Matter of Steinharter v Steinharter, 11 AD3d 471 [2004]; Matter of Timson v Timson, 5 AD3d691, 692 [2004]; Matter of Blake v Vilbig, 288 AD2d 470 [2001]; Matter ofMilhollen v Voelpel, 270 AD2d 422, 423 [2000]). Miller, J.P., Skelos, Covello andMcCarthy, JJ., concur.