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MATTER OF CIERRA L.B. v. RICHARD L.R.

43 A.D.3d 1416 (2007)

842 N.Y.S.2d 664

In the Matter of CIERRA L.B., Respondent, v. RICHARD L.R., Appellant.

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

Decided September 28, 2007.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by remitting the matter to Family Court, Chautauqua County, for a hearing in accordance with the memorandum and as modified the order is affirmed without costs.

Memorandum:

Family Court properly granted petitioner mother sole custody of the parties' child without conducting a hearing. "No hearing is required upon a custody petition when the court...

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