Order unanimously reversed, without costs, and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum:
The court erred in denying without a hearing defendant's application for visitation with his eight-year-old son. We recently restated the general rule regarding visitation: "`Visitation is always to be premised upon a consideration of the best interests of the children (Finlay v Finlay, 240 N.Y....
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