Ordered that the order is reversed, on the law and in the exercise of discretion, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for an immediate hearing on the issue of the custody of the parties' daughter and thereafter a new determination on the father's motion.
In 1999 the parties were divorced pursuant to a judgment which incorporated, but did not merge, a separation agreement providing, inter alia, for joint custody...
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