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DiGIORGI v. DiGIORGI

26 A.D.3d 405 (2006)

808 N.Y.S.2d 903

STEVEN DiGIORGI, Appellant, v. CAROLYN DiGIORGI, Respondent.

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

February 21, 2006.

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing and a new determination.

Under the particular circumstances of this case, the Supreme Court should have held a hearing before deciding the subject branch of the defendant...

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