| Matter of Harry P. v Cindy W. |
| 2008 NY Slip Op 00842 [48 AD3d 1100] |
| February 1, 2008 |
| Appellate Division, Fourth Department |
| In the Matter of Harry P., Appellant, v Cindy W., Respondent. ErieCounty Department of Social Services, Respondent. |
—[*1] David C. Schopp, Law Guardian, the Legal Aid Bureau of Buffalo, Inc., Buffalo (Charles D.Halvorsen of counsel), for Elton P.
Appeal from an order of the Family Court, Erie County (Kevin M. Carter, J.), entered March30, 2007 in a proceeding pursuant to Family Court Act article 6. The order, among other things,dismissed the petition.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Contrary to the contentions of petitioner father, Family Court did not abuseits discretion in denying his motion for leave to amend his petition seeking modification of aprior custody order and in sua sponte dismissing the petition. The petition "was insufficient on itsface because it failed to allege good cause for modification of the prior order" (Matter of Carrie F. v David PP., 34AD3d 1108, 1110 [2006]). Indeed, the father's attorney acknowledged at the appearance onthe petition that it failed to contain the necessary allegations of a change in circumstances towarrant a hearing (see Matter ofHongach v Hongach, 44 AD3d 664 [2007]), and we agree with the court that theproposed amendments to the petition would not have rendered it facially sufficient to warrant ahearing (see generally Letterman v Reddington, 278 AD2d 868 [2000]). The father'sremaining contentions are based on facts outside the record on appeal, and we therefore do notconsider them (see generally Matter ofSarah G., 11 AD3d 976 [2004]). Present—Hurlbutt, J.P., Smith, Fahey, Peradottoand Pine, JJ.