Stevens v. Stevens

286 A.D.2d 890, 730 N.Y.S.2d 751, 2001 N.Y. App. Div. LEXIS 8914

Opinion

—Order unanimously reversed on the law without costs, petition reinstated and matter remitted to Jefferson County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in dismissing the petition seeking a change in custody of the parties’ child without conducting a hearing. The allegations in the mother’s petition “sufficiently demonstrated evidence of a change of circumstances to warrant a hearing” (LaBombardi v LaBombardi, 247 AD2d 590, 591). In any event, the affidavit of respondent father established the need for a hearing on the issue whether his relocation is in the best interests of the child (see, Matter of Tropea v Tropea, 87 NY2d 727, 738-739). (Appeal from Order of Jefferson County Family Court, Schwerzmann, J. — Custody.) Present — Pine, J. P., Wisner, Hurlbutt, Kehoe and Gorski, JJ.