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MATTER OF SULLIVAN v. PLOTNICK

61 A.D.3d 883 (2009)

876 N.Y.S.2d 891

In the Matter of DARIA M. SULLIVAN, Appellant, v. STEVEN S. PLOTNICK, Respondent.

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

Decided April 21, 2009.

Ordered that the order dated October 4, 2007, is reversed insofar as appealed from, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Nassau County, for a hearing on the mother's petition to modify the consent order of custody and visitation.

Under the circumstances of this case, a final determination should not have been made without a hearing (see Matter of Gurewich v Gurewich, 58 A.D.3d 628

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