Ordered that the order 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 an evidentiary hearing on the issue of custody and for a new determination on the petition thereafter; and it is further,
Ordered that pending the hearing and new determination, the subject child shall remain in the sole custody of the mother, and the provisions of the order dated December 15, 2009...
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