Appellate Division of the Supreme Court of New York, Fourth DepartmentApr 26, 1991
569 N.Y.S.2d 256 (N.Y. App. Div. 1991)
569 N.Y.S.2d 256172 A.D.2d 1078

April 26, 1991

Appeal from the Supreme Court, Suffolk County, Leiss, III, J.

Present — Dillon, P.J., Doerr, Boomer, Pine and Lawton, JJ.

Order unanimously affirmed with costs. Memorandum: Supreme Court did not err in denying defendant's motion for a change of custody without a hearing. Defendant made no evidentiary showing to warrant a hearing (see, David W. v. Julia W., 158 A.D.2d 1, 6-7). The circumstances alleged by defendant did not affect the well-being of the children.