JEAN v. JEAN


59 A.D.3d 599 (2009)

873 N.Y.S.2d 694

MICHAEL JEAN, Appellant, v. CHRISTINA VILAR JEAN, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 17, 2009.


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the father's contention, the Supreme Court properly confirmed the Referee's order, inter alia, denying his petition to modify the custody provision of the divorce judgment to award him sole custody of the parties' child, without conducting a hearing. A noncustodial parent seeking a change of custody is not automatically entitled to a hearing, but must make an evidentiary showing sufficient...

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