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MATTER OF SHANDS v. WOOLING

297 A.D.2d 348 (2002)

746 N.Y.S.2d 398

In the Matter of CHERICE SHANDS, Appellant, v. ERIC WOOLING, Respondent.

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

Decided August 19, 2002.

Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Kings County, for further proceedings consistent herewith.

The Family Court improvidently exercised its discretion in awarding custody of the child to the father without conducting a factual hearing to determine the fundamental issue of the best interests of the child (see Matter of Bowen v...

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