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MATTER OF SANDRA C. v. ENRIQUE M.

6876.

92 A.D.3d 577 (2012)

938 N.Y.S.2d 796

2012 NY Slip Op 1351

In the Matter of SANDRA C., Appellant, v. ENRIQUE M., Respondent.

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

Decided February 23, 2012.

Family Court erred in modifying the May 24, 2010 order of visitation without first conducting a full evidentiary hearing to determine whether there had been a subsequent change in circumstances and whether modification was in the child's best interests (see Matter of Santiago v Halbal, 88 A.D.3d 616 [2011]; Family Ct Act § 467 [b] [ii]). Moreover, the court lacked the authority to...

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