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MATTER OF RICHARD W. v. MARIBEL G.

3620.

78 A.D.3d 480 (2010)

911 N.Y.S.2d 305

In the Matter of RICHARD W., Appellant, v. MARIBEL G., Respondent.

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

Decided November 16, 2010.

Family Court erred in modifying the March 17, 2009 order of visitation without first conducting a full evidentiary hearing to ascertain the child's best interests (see Matter of Gross v Gross, 7 A.D.3d 711 [2004]) and to determine whether there had been a subsequent change in circumstances (see Matter of Wilson v McGlinchey, 2 N.Y.3d 375 [2004]). Additionally, there was no petition...

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