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MATTER OF SMITH v. BROWN

272 A.D.2d 993 (2000)

708 N.Y.S.2d 676

In the Matter of JAMAL SMITH, Respondent, v. TARA BROWN, Appellant.

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

Decided May 10, 2000.

Order unanimously reversed on the law without costs and matter remitted to Erie County Family Court for further proceedings in accordance with the following Memorandum: "An award of custody, whether temporary or permanent, must be based on the best interests of the child" (Matter of Farrelly-Brew v Moore, 221 A.D.2d 1000). It is well established that determinations affecting custody should be made following a full evidentiary hearing...

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