Ispahani v. Ispahani

Appellate Division of the Supreme Court of New York

Ispahani v. Ispahani

277 A.D.2d 1057, 715 N.Y.S.2d 353, 2000 N.Y. App. Div. LEXIS 11414

Appellate Division of the Supreme Court of the State of New York·Decided November 13, 2000·Published

Opinion

—Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memo[1058]*1058randum: We agree with plaintiff that Supreme Court erred in modifying a prior custody order and awarding custody of the parties’ son to defendant without conducting an evidentiary hearing (see, Matter of Naughton-General v Naughton, 242 AD2d 937, 938). Consequently, we reverse the order and remit the matter to Supreme Court to conduct an evidentiary hearing on defendant’s motion. (Appeal from Order of Supreme Court, Onondaga County, Townes, J. — Custody.) Present— Pigott, Jr., P. J., Hurlbutt, Balio and Lawton, JJ.

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—Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memo[1058]*1058randum: We agree with plaintiff that Supreme Court erred in modifying a prior custody order and awarding custody of the parties’ son to defendant without conducting an evidentiary hearing (see, Matter of Naughton-General v Naughton, 242 AD2d 937, 938). Consequently, we reverse the order and remit the matter to Supreme Court to conduct an evidentiary hearing on defendant’s motion. (Appeal from Order of Supreme Court, Onondaga County, Townes, J. — Custody.) Present— Pigott, Jr., P. J., Hurlbutt, Balio and Lawton, JJ.

Ispahani v. Ispahani, 277 A.D.2d 1057, 715 N.Y.S.2d 353, 2000 N.Y. App. Div. LEXIS 11414 (N.Y. Ct. App. 2000).

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277 A.D.2d 1057 (Ispahani v. Ispahani) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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