WEISMAN v. WEISMAN


21 A.D.3d 955 (2005)

800 N.Y.S.2d 769

JEFFREY WEISMAN, Appellant, v. ROSEMARIE WEISMAN, Respondent.

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

September 12, 2005.


Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing on the motion and cross motion.

The Supreme Court erred in declining to conduct a hearing on the plaintiff's motion, inter alia, for sole custody of the parties' two children and the defendant's cross motion for an award of an attorney's fee. Because the parties presented conflicting affidavits regarding whether the defendant consumed...

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