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MATTER OF STEVENS v. STEVENS

286 A.D.2d 890 (2001)

730 N.Y.S.2d 751

In the Matter of MICHAEL R. STEVENS, Appellant, v. MICHAEL S. STEVENS, Respondent.

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

Decided September 28, 2001.

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...

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