It is hereby ordered that the amended order so appealed from be and the same hereby is unanimously reversed on the law without costs and the matter is remitted to Family Court, Onondaga County, for a hearing in accordance with the memorandum herein and, pending a new determination, petitioner shall retain physical custody of her son.
Memorandum:
We note at the outset that the order from which respondent appeals was superseded by an amended order entered approximately...
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