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JENNIFER PECK-BARNETT v. BARNETT

4263, 350337/04.

82 A.D.3d 540 (2011)

918 N.Y.S.2d 712

JENNIFER PECK-BARNETT, Appellant, v. CRAIG BARNETT, Respondent.

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

Decided March 17, 2011.

The court erred in ordering a radical change in custody via an interim order, without the benefit of a full evidentiary record (see Scotto v Scotto, 66 A.D.2d 839 [1978]). The propriety of the order has been undermined by the child's improvement during the time the order was stayed by this Court pending this appeal. Proper resolution of the custody issue requires a prompt trial, at which a full evidentiary record is developed...

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