It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the matter is remitted to Family Court, Oneida County, for a hearing on the petition.
Memorandum: Respondent father appeals from an order granting petitioner mother sole custody of the parties' child. We agree with the father that Family Court erred in granting the petition. First, to the extent that the court entered the order upon "default" based on the father...
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