Sullivan v. Plotnick
Opinion of the Court
In a proceeding pursuant to Family Court Act article 6, the mother appeals, as
Ordered that the order dated October 4, 2007, is reversed insofar as appealed from, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Nassau County, for a hearing on the mother’s petition to modify the consent order of custody and visitation.
Under the circumstances of this case, a final determination should not have been made without a hearing (see Matter of Gurewich v Gurewich, 58 AD3d 628 [2009]; Matter of Garcia v Scruggs, 44 AD3d 660 [2007]; Matter of Ramos v Andino, 19 AD3d 424 [2005]; Wiener v Wiener, 303 AD2d 582 [2003]). Fisher, J.P., Miller, Angiolillo and Balkin, JJ, concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.