Abbott v. Abbott

In an action for a divorce and ancillary relief, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Berliner, J.), dated January 5, 2012, as, without a hearing, denied her motion for permission to relocate with the parties’ children.

Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, and the matter is remitted to the Supreme Court, Westchester County, for a hearing and, thereafter, a new determination of the defendant’s motion; in the interim, the children may…